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AMRITA SINHA
Madan Gopal Board House Private Limited – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
(Amrita Sinha, J.) :
The petitioner no. 1 is a private limited company and the petitioner no. 2 is the director thereof. The company is a tenant in respect of a godown measuring about 900 sq. ft. approximately in the ground and mezzanine floor of premises no. 9, Antony Bagan Lane under the private respondent nos. 7-9. The tenanted premises is used for commercial purpose.
2. The petitioners claim that after the cyclone Amphan the roof of the godown of the petitioners got severely damaged but due to paucity of funds, the petitioners were not in a position to repair the roof immediately. The petitioners obtained permission from the landlords for repairing the existing roof with concrete slab above the asbestos roof. The petitioners have averred in the writ petition that the old and ruinous asbestos shed were replaced with RCC slab in the ground floor for the purpose of safety from rain and various other natural calamities.
3. The petitioners allege that the men and agents of the Kolkata Municipal Corporation (‘KMC’ for short) visited the subject premises on 2nd January, 2024 and demolished the concrete roof as well as asbestos shed of the godown of the petitioners. The petit
The court established that unauthorized construction without prior permission is subject to lawful demolition, and proper notice procedures must be followed, even if the responsible party is misident....
The court established that renovations deemed necessary for safety do not require additional permissions under the KMC Act, provided they comply with existing regulations.
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 emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
Unauthorized constructions cannot be protected by injunctions, as they undermine statutory duties of municipal authorities.
The court reaffirmed the principle that unauthorized constructions threaten public safety, necessitating swift enforcement of demolition orders under local municipal law.
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