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ARIJIT BANERJEE, PRASENJIT BISWAS
Munna Associates – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
1. Affidavit of service filed in Court today, be kept with the records.
2. By consent of the parties, the appeal and the application are taken up together for hearing.
3. A judgement and order dated April 19, 2024, whereby a learned Judge of this Court disposed of a writ petition filed by the respondent No.5 herein being WPO 297/2024, is the subject matter of challenge in this appeal at the instance of the private-respondent in the writ petition.
4. It appears that on a complaint lodged by the respondent/writ petitioner herein, Kolkata Municipal Corporation (in short, “KMC”) inspected premises No.61A, Bata Krishna Paul Avenue, Kolkata and detected unauthorised construction at the said premises at the behest of the present appellant. Stop work notice was served on the appellant under Section 401 of the Kolkata Municipal Corporation Act, 1980 (in short, “1980 Act”) with intimation to Jorabagan Police Station, on April 20, 2023. The site in question was again inspected by KMC people on September 29, 2023 and it was found that the person responsible had resumed construction work defying the stop work notice. An FIR under Section 401A of the 1980 Act, was lodged against the appel
Unauthorized constructions cannot be protected by injunctions, as they undermine statutory duties of municipal authorities.
Unauthorized construction cannot be legitimized by the passage of time, and demolition orders will be upheld when appropriate legal processes are followed.
Court emphasized the administrative duty to enforce demolition orders and clarified that prior case dismissals did not preclude fresh petitions on similar grounds.
Due process must be followed before demolition actions under municipal law, ensuring hearings are conducted.
The judgment emphasizes the need for planned development and the importance of obtaining formal permission for construction, highlighting the consequences of unauthorized construction.
The court reaffirmed the principle that unauthorized constructions threaten public safety, necessitating swift enforcement of demolition orders under local municipal law.
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....
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