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AJAY KUMAR GUPTA
Premlata Mago – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Ajay Kumar Gupta, J.) :
1. This instant Criminal Revisional application has been filed by the petitioners seeking quashing of FIR being Entally P.S. Case No. 615 dated 21st December, 2015 registered under Section 401A of the Kolkata Municipal Corporation Act, 1980 and Charge-Sheet No. 132/2021 dated 17th July, 2021 filed under Section 401A of Kolkata Municipal Corporation Act, 1980 only with regards to the petitioners herein.
2. The factual matrix of the instant case leading to filing of this application is as under:
2a. A sanction plan for construction of a G+IV residential building at Premises No. 67, Dr. Suresh Sarkar Road, Kolkata700014 was sanctioned by the Kolkata Municipal Corporation (in short KMC) being B.S. Permit No. 2005060020 (B-VI) dated 17th May, 2005. After completion of the said building, KMC also issued a completion certificate on 23rd April, 2008 in terms of Section 403 of the KMC Act, 1980. Even after issuing completion certificate by the appropriate authority i.e. KMC, a letter being Bldg-Br-VI/11(II)/2011-12 dated 30.01.2012 was issued, as per direction of W.B.C.S. (Ex) Jt. Secretary to the Government of West Bengal and Municipal Commissioner, by th
The court highlighted the importance of adhering to building permissions and procedures outlined under municipal law in construction matters.
Liability under Section 141 of NI Act depends on the role in the conduct of the company's affairs, not just the designation, and the burden of proof lies on the accused to establish lack of knowledge....
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....
The court established that renovations deemed necessary for safety do not require additional permissions under the KMC Act, provided they comply with existing regulations.
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