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2012 Supreme(SC) 715

G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
DIPAK KUMAR MUKHERJEE – Appellant
Versus
KOLKATA MUNICIPAL CORPORATION – Respondent


Judgement Key Points

Key Points: - The judgment emphasizes that illegal construction in violation of sanctioned plans should be dealt with harshly and demolition ordered where appropriate (!) (!) (!) . - It analyzes rule-based possibilities for regularisation, particularly Rule 25(2) and its applicability to deviations from sanctioned plans (!) (!) (!) (!) (!) . - It discusses penalties, compensation obligations to flat purchasers, and costs/demands for demolition and compliance to ensure planned development (!) (!) (!) (!) (!) (!) . - It references the roles and actions of municipal authorities, stop-work notices, and the need for due process and natural justice in demolitions and regularisation processes (!) (!) (!) . - It highlights public interest and the impact of unauthorized constructions on residents, infrastructure, and urban planning (!) (!) (!) . - It notes that even where regularisation is sought, it cannot override clear violations of sanctioned plans and statutory notices (!) (!) . - It underscores the Court’s stance on zero tolerance toward illegal constructions and the necessity of prompt demolition after due processes (!) (!) .

How to address violation of sanctioned building plans and enforcement of demolition in illegal/unauthorized constructions?

What is the legal framework for regularisation of unauthorized construction and the limits of Rule 25(2) in Kolkata Municipal Corporation Building Rules?

What are the consequences and remedies for builders and purchasers when illegal constructions are demolished or regularised?


JUDGMENT

G. S. Singhvi, J. - Leave granted.

2. In last four decades, the menace of illegal and unauthorised constructions of buildings and other structures in different parts of the country has acquired monstrous proportion. This Court has repeatedly emphasized the importance of planned development of the cities and either approved the orders passed by the High Court or itself gave directions for demolition of illegal constructions -(1) K. Ramadas Shenoy v. Chief Officers, Town Municipal Council (1974) 2 SCC 506; (2) Virender Gaur v. State of Haryana (1995) 2 SCC 577; (3) Pleasant Stay Hotel v. Palani Hills Conservation Council (1995) 6 SCC 127; (4) Cantonment Board, Jabalpur v. S.N. Awasthi 1995 Supp.(4) SCC 595; (5) Pratibha Coop. Housing Society Ltd. v. State of Maharashtra (1991) 3 SCC 341; (6) G.N. Khajuria (Dr) v. Delhi Development Authority (1995) 5 SCC 762; (7) Manju Bhatia v. New Delhi Municipal Council (1997) 6 SCC 370; (8) M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu (1999) 6 SCC 464; (9) Friends Colony Development Committee v. State of Orissa (2004) 8 SCC 733; (10) Shanti Sports Club v. Union of India (2009) 15 SCC 705 and (11) Priyanka Estates International Pvt. Ltd. v



























































































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