Unauthorized construction in contravention of the Kolkata Municipal Corporation Act, endangering human life or property, is punishable under Section 401A of the Act.

JUDGMENT

The present revisional application has been preferred against judgment and order dated December 21, 2018 passed by the Learned Judge, Bench – I, City Sessions Court, Calcutta affirming thereby the Judgment and Order dated January 24, 2017 passed by the Learned Municipal Magistrate, 3rd Court, Calcutta thereby convicting the petitioners under Section 401A of the Kolkata Municipal Corporation Act and sentencing them to suffer Simple Imprisonment for a period of 6(Six) months and to pay a fine of Rs. 5,000/- each in default to suffer further simple imprisonment for 1(One) month each in connection with Case No. M/F 219 of 2015 under Section 401A of the Kolkata Municipal Corporation Act, 1980.

The petitioner’s case is that an Agreement of Sub-Lease dated September 01, 1999 was executed between the Jagadhatri Properties and Investments Private Limited, a company incorporated under the Companies Act, 1956, having its registered office as 23A, Netaji Subhas Road, Kolkata and the father of the petitioners namely, Late Ramlot Sharma, sole Proprietor of Bharat Plastic Industries, a merchant. As such the father of the petitioners by way of such execution became the sub-lessee of 1060 sq. ft. of area in the first floor of the premises no. 12, Armenian Street, Kolkata – 700 001 also numbered as 10/1, Portugese Church Street.

That as per Clause 2(II) of the said Agreement of Sub-Lease dated September 01, 1999 it was mentioned therein that out of the total 1600 sq. ft. of the lease area 800 sq. ft. is damaged with roof having fallen down and iron beams were rested on the walls and few more iron beams were to be placed and/or replaced. It was further mentioned therein that until the said portion is repaired and/or reconstructed with permanent covering the Sub-Lessee may cover it with tin and/or asbestos shed.

The petitioners state that they were arraigned as accused persons in connection with Burrabazar Police Station Case No. 365 dated June 12, 2015 under Section 401A of the Kolkata Municipal Corporation Act.

One Chanchal Kumar Dutta being the Assistant Engineer (Civil), Building Department, Borough – V, Kolkata Municipal Corporation lodged an FIR before the Burrabazar Police Station alleging inter alia that the petitioners have constructed brick wall and have fixed CI Sheets over the 1st floor roof level of 12,, Armenian Street, Kolkata without any sanctioned plan of Kolkata Municipal Corporation. Such Construction may collapse at any time and is endangered to human life.

That pursuant to the above mentioned FIR a case was started against the petitioners being M.F. Case No. 219 of 2015 under Section 401A of the Kolkata Municipal Corporation Act before the Court of the Learned Municipal Magistrate, Calcutta and Judicial Magistrate, First Class outside Metropolitan Area.

After completion of the investigation the Investigating Agency submitted charge sheet vide Charge Sheet No. 06 dated January 25, 2016 under Section 401A of the Kolkata Municipal Corporation Act against the petitioners.

After commitment of the case, Charge under Section 401A of the Kolkata Municipality Act, 1980 was framed against the petitioners.

The charge were read over and explained to the petitioners to which they pleaded not guilty and claimed to be tried.

The Learned Municipal Magistrate, 3rd Court, Calcutta on completion of trial on January 24, 2017 convicted the petitioners under Section 401A of the Kolkata Municipal Corporation Act and sentenced them to suffer Simple Imprisonment for a period of 6 (Six) months and to pay a fine of Rs. 5,000/- each in default to suffer further simple imprisonment for 1 (One) month each in connection with Case No. M/F 219 of 2015 under Section 401A of the Kolkata Municipal Corporation Act, 1980.

Challenging the aforesaid Judgment and Order, the petitioner preferred a criminal revisional application before this Hon’ble Court vide CRR No. 371 of 2017 when His Lordship Hon’ble Justice Joymalya Bagchi was pleased to dismiss the petition on no