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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Dipes Banerjee – Appellant
Versus
Anil Sureka – Respondent
| Table of Content |
|---|
| 1. overview of the appeals concerning property demolition. (Para 1 , 2 , 3) |
| 2. claims of unauthorized construction preceding court actions. (Para 4 , 5 , 6) |
| 3. advocacy for expedited enforcement of demolition orders. (Para 7 , 8 , 10 , 12 , 13) |
| 4. judicial perspective on interim appeals regarding demolition. (Para 17 , 19 , 20 , 21) |
| 5. details on past actions leading to the current disputes. (Para 22 , 23 , 24 , 25) |
| 6. findings from kmc and independent reports on the constructions. (Para 35 , 40 , 41) |
| 7. court's validation of kmc's demolition order. (Para 45 , 47 , 48 , 49 , 50) |
| 8. court's decision to enforce the demolition order. (Para 52 , 53) |
| 9. considerations of time delays in judicial relief applications. (Para 54 , 56) |
Judgment :
DEBANGSU BASAK, J.
1. Three appeals are taken up for analogous hearing as they relate to the same immovable property, namely, Premises No.6A, Jorabagan Street, Kolkata-700006. All the three appeals are specially assigned to this Bench.
2. Of the three appeals, one is in the Original Side. In the Original Side, APO 100 of 2024 is at the behest of the owner of the premises concerned and directed against an order dated May 7, 2024 passed in WPO 393
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 renovations deemed necessary for safety do not require additional permissions under the KMC Act, provided they comply with existing regulations.
The court affirmed that opportunities in legal proceedings must be utilized effectively, and failure to substantiate property claims does not invalidate administrative actions under Article 226.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
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....
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....
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 highlighted the importance of adhering to building permissions and procedures outlined under municipal law in construction matters.
The court ruled that demolition orders must follow due process and should only be executed if significant public interest is at stake, emphasizing the right to appeal.
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