Back
IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Tanveer Khan – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. Challenging the order dated 16th September, 2025 passed by the Municipal Building Tribunal in BT appeal No. 182/2023, the writ petition being WPA 30010 of 2025 (hereinafter referred to as the first writ petition) has been filed. The petitioner also seeks to the challenge the order dated 5th April, 2024 cancelling the sanctioned building plan by filing the writ petition being WPA 30012 of 2025 (hereinafter referred to as the second writ petition). The matters were moved during the vacation bench citing extreme urgency.
2. A Coordinate Bench of this Court by an order dated 31st December, 2025 considering the submissions made by the petitioner, the private respondent and the municipality had granted a limited protection to the petitioner by directing that there shall be no demolition till 8th January, 2026. The matters were since mentioned by the private respondent upon notice to the learned advocate for the petitioner and have accordingly come up for consideration. By consent of the parties, the matters are taken up for final disposal and heard analogously.
3. Mr. Chattopadhyay, learned advocate appearing in support of the above writ petitions at the
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
The court emphasized the finality of orders passed by the Authority or the Appellate Officer, the deemed sanction under the Act of 1988, and the nature of disputed questions of facts.
The judgment emphasizes the need for planned development and the importance of obtaining formal permission for construction, highlighting the consequences of unauthorized construction.
The Tribunal has the authority to compound minor building violations, and its findings on such matters are final, especially when the petitioner fails to act on submitted revised plans.
An unauthorized construction is liable to be demolished, and the municipal authorities are not bound to regularize the same.
An order affecting a person's rights is effective only when communicated, starting the limitation period from that date, not the date of the order itself.
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
