Municipal Commissioner, Calcutta And ... vs Salil Kumar Banerjee And Ors.

The Supreme Court held that the Building Tribunal constituted under the Calcutta Municipal Act, 1980 was properly constituted as per Section 631(3), which mandates that the procedure of the 1980 Act applies to proceedings related to the 1951 Act. The Court found that the first respondent's challenge to the Tribunal's composition was not raised at the appropriate time and thus the High Court erred in allowing the writ petition. Consequently, the Court allowed the appeal, set aside the High Court's order, and dismissed the writ petition, imposing costs on the first respondent.