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SUPREME COURT OF INDIA
A.S. Anand and V.N. Khare, JJ.
Calcutta Municipal Corporation and others - Petitioners
Versus
Largus Fleming Pharmaceuticals and another - Respondents
SLP (C) No. 23324 of 1995
Decided On : 29-08-1997
Partial Occupancy Certificate - Calcutta Municipal Corporation Building Rules - The court suggested the parties to approach the Calcutta Municipal Corporation for regularisation of the construction under the 1990 Building Rules without the need for demolition.
Fact of the Case:
During the hearing, the court was made aware of the partial occupancy certificate issued by the Calcutta Municipal Corporation, prompting the court to suggest approaching the Corporation for regularisation of the construction.
Finding of the Court:
The court adjourned the matter for four weeks to allow the parties to seek instructions and assured that no further construction shall be raised at the site until the matter comes up before the Court again.
Issues: Regularisation of construction under the Calcutta Municipal Corporation Building Rules, 1990.
Ratio Decidendi: The court's decision was influenced by the possibility of regularising the construction under the 1990 Building Rules without the need for demolition.
Final Decision: The matter was adjourned for four weeks to allow the parties to seek instructions and to ensure no further construction is raised at the site.
JUDGMENT :
1. During the course of hearing of this case Mr. Ganguli, learned Senior counsel, brought to our notice the partial occupancy certificate issued by the Calcutta Municipal Corporation on 26th April, 1997. After perusal of that certificate, the zerox copy of which is taken on record, we made a suggestion to learned counsel for the parties to state whether this case could not be disposed of by directing the respondents to approach the Calcutta Municipal Corporation and seek regularisation of the construction which is already complete, under the Calcutta Municipal Corporation Building Rules, 1990 and, if necessary, on payment of the penalty, without the Corporation having to demolish any part of the existing building, because the 1990 Building Rules have since come into force.
2. Mr. Ganguli submitted that he shall have to seek instructions. We adjourn the matter by four weeks for the purpose. Mr. Ganguli assures the Court that hereafter till the matter comes up before the Court again, no further construction shall be raised at the site.
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