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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Rajan Kumar Prasad – Appellant
Versus
New Town Development Authority – Respondent
| Table of Content |
|---|
| 1. investment in egv project without exact outer scope. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. court's observation on illegality and land consent. (Para 20 , 21 , 26 , 27 , 28 , 37 , 38 , 44 , 46 , 213) |
| 3. argument against revised plans without consent. (Para 29 , 30 , 33 , 34 , 35 , 36) |
| 4. mandatory need for consent of flat owners under law. (Para 219 , 222 , 228 , 230) |
| 5. instruction for demolition of the 16th tower. (Para 234 , 235 , 236 , 237) |
JUDGMENT :
Rajasekhar Mantha, J.
1. The present appeals are directed against a judgment and order dated 18th October 2023, passed by a Single Judge of this Court in writ petition being WPA 15903 of 2018. By the said judgment, the Single Bench dismissed the writ petition, refusing to pass any order of demolition in respect of the 16th tower, which was constructed as per the revised sanction plan granted by the New Town Kolkata Development Authority (NKDA) of the year 2015 (The original sanction plan was of the year 2007).
A. FACTS OF THE CASE
2. The facts relevant to the case are that sometime in the year 2007, one M/s. Keppel Magus Pvt. Ltd. (original developer) published brochures for the construction of a residential c
Consent of existing flat owners is mandatory for modifications to original building plans under relevant statutes, and failure to secure such consent renders subsequent constructions illegal.
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The original HIDCO plan was the only legally valid sanctioned plan, and the impugned order lacked credible defense and was contrary to legal provisions.
The main legal point established in the judgment is that the Corporation Officers must comply with the principles enshrined in Article 14 of the Constitution of India, treat everyone equally, and not....
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