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2025 Supreme(Online)(Cal) 2807

CALCUTTA HIGH COURT
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA, JJ
RAMESWARA MANSION APARTMENT OWNERS ASSOCIATION – Appellant
Versus
THE KOLKATA MUNICIPAL CORPORATION – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. Dutta, Mr. A.K. Dey
For the Respondents: Mr. V.K. Shahi, Mr. S.K. Debnath, Mr. S. Ghosh Dastidar, Ms. M. Sharma, Ms. T. Sil, Mr. A. Chatterjee, Mr. S. Basu, Mr. S.Kabiraj

Table of Content
1. submission of report by kmc. (Para 1 , 2 , 3)
2. inspection directive by court. (Para 4 , 5)
3. discussion of building regulations. (Para 6 , 7 , 8)
4. court's expectation from kmc. (Para 9 , 10)
5. further inspections required for compliance. (Para 11)
6. next steps of the court. (Para 12)

1. The Court: The KMC has submitted a report dated July 4, 2025, which is kept on record.

2. From the submissions made by Mr. Abhijit Chatterjee, learned senior counsel appearing for the apartment owner on the 21st floor, being an added respondent, it appears that the terrace of a portion of the building which is stated to be Block-

A has been sold to the exclusive use and benefit of his client.

3. The Block-B of the building comprises in an independent building housing flats with 20 floors. The roof above the 20th floor ought to constitute a terrance. This has not been inspected by the KMC.

4. The KMC shall inspect afresh both Block-A and Block-B of the said premises.

5. Learned counsel for the KMC, however, submits that the roof and terrace are synonymous and must be deemed to be the same under rule 117 of the KMC Building Rules .

6. Mr. Chatterjee opposes the same. He submits that in

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