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AMRITA SINHA
Shahbaz Ayubi – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
AMRITA SINHA, J.
1. The petitioner is aggrieved by the demand raised by the Corporation directing the petitioner to pay a sum of Rs. 8,68,23,808/- only for sanction of the plan proposal submitted by the petitioner. The petitioner is particularly aggrieved by the demand of miscellaneous charges amounting to Rs. 8,00,44,267/- assessed for sanction.
2. The petitioner submits that there is no provision in law under which miscellaneous charges may be imposed for sanction of plan proposal. It has been submitted that an old dilapidated structure exists at premises no. 98, Collin Street under Borough VI of the Corporation. The petitioner intends to demolish the old structure and raise new construction thereon. The petitioner intends to obtain benefit under Rule 142 of the Kolkata Municipal Corporation Building Rules, 2009.
3. Rule 142 provides for certain relaxations which are available at the time of construction of new buildings in place and instead of the existing building after demolition thereof. The schedule of fees and charges for sanction of building permit is specified and there is no scope for demanding miscellaneous charges for sanction of the building plan proposal.
4. Pr
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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....
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