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2012 Supreme(Cal) 805

SOUMITRA PAL
Lipika Das – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Abhrajit Mitra, Mr. Jishnu Choudhury, Mr. Biswajit Ghosh, Mr. S. Mukherjee and Mr. P. Bhaduri
For Respondents/Defendant:Mr. Gurudas Mitra, Mr. Pujali Sengupta for the Municipal Corporation and Mr. S. Banerjee for the Respondent No. 7

JUDGMENT

Soumitra Pal, J.

1. In this writ petition, the petitioner, the owner of the premises in question, has challenged the notice dated 7th December, 2011 issued under section 401 of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as "the Act") directing her to stop further construction including addition and alteration of the premises as it was allegedly carried out in deviation of the sanctioned plan and was in breach of the provisions of the Act. The case of the petitioner, as stated in the writ petition and in the supplementary affidavit, is that in the year 2010 she in terms of the sanctioned plan had constructed a building at the said premises comprising the ground floor and three upper floors. After completion of such construction, the petitioner found that there was some area within the premises where additional construction could take place and the same would fall within the Floor Area Ratio as permitted by the Kolkata Municipal Corporation ("Corporation" for short). The petitioner, intending to make construction in this additional area, filed an application for sanction of a revised building plan under the Kolkata Municipal Corporation Building Rules







































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