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SHAMPA SARKAR
Kali Prasad Shaw – Appellant
Versus
Board of Councillors of Baranagar Municipality – Respondent
JUDGMENT :
SHAMPA SARKAR, J.
1. This revisional application has been filed challenging the order dated June 30, 2022 passed by the learned Civil Judge (Junior Division), Bidhannagar in Municipal Appeal No. 2 of 2018.
2. The petitioner had suffered an order of demolition, in a proceeding initiated by the Baranagar Municipality. By the order impugned dated June 30, 2022, the learned Civil Judge (Junior division) Bidhannagar upheld the order of the demolition dated June 11, 2018, passed by the Municipality and directed implementation of the same, within 30 days from the date of the order.
3. The revisional application assails the order of the learned court below on the following grounds:
(b) Only the Board of Councillors could adjudicate the issue of unauthorized construction and pass necessary orders, which was not taken note of by the learned court.
(c) The application for filing additional evidence was rejected without application of mind.
(d) The petitioner was not given adequ
An unauthorized construction is liable to be demolished, and the municipal authorities are not bound to regularize the same.
The Superintendent Engineer validly issued a demolition order under delegated authority, despite challenges regarding notice and natural justice, affirming the necessity of judicial efficiency in mun....
A person responsible for unauthorized construction has no right to reconstruct the same after demolition and then apply for regularization.
The duty of the municipal authority to ensure prompt demolition of unauthorized constructions and the precedence of the order of a higher court over that of a subordinate court.
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
The petitioner has a remedy of appeal and the writ petition is dismissed.
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