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2012 Supreme(Cal) 863

JYOTIRMAY BHATTACHARYA
SAMARENDRA NATH CHOWDHURY – Appellant
Versus
KOLKATA MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mukul Lahiri, Mr. P.Saha, Mr. Subir Ranjan Ghosh, Mr. A.Mondal
For the K.M.C.: Ms. Monika Ghosh, Mr. Gurudas Mitra

JUDGMENT

1. A dishonest builder, who raises construction without any sanction plan, cannot be treated at par with an honest builder who, in the process of raising construction with a sanction plan, makes minor deviation unintentionally. So far as the dishonest builder is concerned, no leniency should be shown to him and/or the illegal construction raised by him and in case such construction is raised by such a builder with profit earning motive and/or for commercial exploitation out of such illegal construction then the Municipal Authority should not relax the Building Rules and Regulation for regularizing such illegal construction by keeping in mind that exercise of such power of relaxation is an exception to the Rule. However, such a rigid view need not be taken to regularize minor deviation which was made bonafide in the process of raising some construction with a sanction plan. In such cases, some laxity may be shown to regularize such minor deviation by relaxing the Building Rules or Regulations provided such construction is structurally stable and does not affect the ventilation i.e. right to air and light of the neighbouring owners and/or occupiers of the adjoining premises a
















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