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SHAMPA DUTT (PAUL)
Vikas Sharma @ Vikash Kumar Sharma – Appellant
Versus
State of West Bengal – Respondent
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
A person responsible for unauthorized construction has no right to reconstruct the same after demolition and then apply for regularization.
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....
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....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
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