Back
IN THE HIGH COURT AT CALCUTTA
KAUSIK CHANDA
Kishori Lal Poddar – Appellant
Versus
Bidhannagar Municipal Corporation – Respondent
JUDGMENT :
Kausik Chanda, J.
The present two writ petitions arise out of a long-standing dispute concerning alleged unauthorised constructions carried out by the petitioner at premises no. AK-128, Sector II, Salt Lake City, Kolkata-700091. The constructions include a kitchen, a toilet allegedly erected infringing the mandatory open space.
2. A series of complaints were received by the Bihdannagar Municipal Corporation (in short, the Corporation) from the respondent nos. 5 and 6 (owners of the adjoining premises at AK-111, Sector II, Salt Lake City, Kolkata 700091), alleging the obstructive and unhygienic nature of the unauthorised structures erected by the petitioner on the ground floor. Ultimately, respondent nos.5 and 6 filed WPA 14105(W) of 2019, seeking demolition of the constructions. A Coordinate Bench of this Court disposed of the said writ petition on September 24, 2019, giving a direction upon the Commissioner, Bidhannagar Municipal Corporation to conclude the proceeding initiated on the complaint made by respondent nos.5 and 6.
3. In compliance with the said order dated September 24, 2019, the Corporation initiated necessary inquiries and afforded both parties a hearing. A fo
Cancelled permition for construction - Quashment of - As per Rule 56(2) rear open space in back should be 1.5m for building up to 10m height and there shall be an increase of rear open space at the r....
Permanent alterations made by a tenant without landlord consent constitute grounds for eviction under Section 13(1)(b) of the Bombay Rent Act.
when two fact finding bodies have rendered their decisions taking into account the constructions carried out and the nature of violations, under normal and ordinary circumstances, the writ court woul....
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 duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
The court established that renovations deemed necessary for safety do not require additional permissions under the KMC Act, provided they comply with existing regulations.
Construction without valid municipal sanction is illegal, and reliance on oral assurances does not legitimize unauthorized actions, emphasizing the necessity of strict adherence to statutory requirem....
The judgment emphasizes the need for planned development and the importance of obtaining formal permission for construction, highlighting the consequences of unauthorized construction.
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
