Back
SAUGATA BHATTACHARYYA
Swami Santadas Institute Of Culture – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT
Saugata Bhattacharyya, J. - This writ petition centers around nature of construction carried out in premises no. 101, Dr. Meghnad Saha Sarani, Kolkata - 700029, under the jurisdiction of Kolkata Municipal Corporation.
2. It has been submitted by Mr. Raghunath Chakraborty, learned advocate representing the petitioners a notice under section 400 (1) of The Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as the 'said Act of 1980') was issued to the petitioner no. 2 on 2nd April, 2012.
3. Subsequently, the matter was considered by Joint Municipal Commissioner (REV) and an order was passed on 2nd August, 2012 wherein it has been held that entire construction at the 2nd floor and 3rd floor of the said premises is unauthorized as per the structures marked in the D-Sketch. It was also found by the said Joint Municipal Commissioner that the entire building was sanctioned for residential purpose but according to the report the portions at the 2nd floor and 3rd floor are being used for non-residential purpose. On finding such facts relating to erection of unauthorized construction the Joint Municipal Commissioner passed an order directing the Person Responsible (PR) to
The third proviso to Section 400(1) of the Kolkata Municipal Corporation Act, 1980 and the Regulations, 2015 formulated by virtue of the said proviso, that is KMC (Regularization of Building) Regulat....
Unauthorized construction in contravention of the Kolkata Municipal Corporation Act, endangering human life or property, is punishable under Section 401A of the Act.
The court established that renovations deemed necessary for safety do not require additional permissions under the KMC Act, provided they comply with existing regulations.
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
A person responsible for unauthorized construction has no right to reconstruct the same after demolition and then apply for regularization.
The court reaffirmed the principle that unauthorized constructions threaten public safety, necessitating swift enforcement of demolition orders under local municipal law.
The judgment emphasizes the need for planned development and the importance of obtaining formal permission for construction, highlighting the consequences of unauthorized construction.
A decision by an authority impugned in a writ petition cannot be sustained if it fails to follow the directions in an earlier writ petition passed by a competent court.
The main legal point established in the judgment is the justification for issuing a notice under Section 412(1) of the Kolkata Municipal Corporation Act, 1980, based on building violations, and the a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
