Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Floor Deviation and Demolition Orders - The Howrah Municipal Corporation (HMC) considers deviations from sanctioned plans on all floors, including ground to third floor, as unauthorized construction requiring demolition. Orders for demolition are issued based on inspection reports, with specific reference to deviations identified during hearings. For example, Deviation on all floors from ground floor to 3rd floor has been done ["MANAS KUMAR SENGUPTA AND ANR. vs HOWRAH MUNICIPAL CORPORATION AND ORS. - Calcutta"]. The Commissioner has directed demolition of unauthorized floors following inspection findings and notices issued under Section 177(1) of the Howrah Municipal Corporation Act, 1980 ["MANAS KUMAR SENGUPTA AND ANR. vs HOWRAH MUNICIPAL CORPORATION AND ORS. - Calcutta"].
Court Interventions and Stay Orders - Courts have sometimes restrained demolition, especially when the extent of deviation is not clearly specified or when the order lacks detailed reasoning. For instance, the Court had also restrained the municipal corporation to carry out any demolition for two months ["SHIVSAKTI CONSTRUCTOR vs HOWRAH MUNICIPAL CORPORATION AND ORS - Calcutta"]. Orders are often subject to the petitioner submitting representations and plans, and courts have emphasized that demolition orders must specify the nature and extent of deviations for lawful execution ["SHIVSAKTI CONSTRUCTOR vs HOWRAH MUNICIPAL CORPORATION AND ORS - Calcutta"].
Regularization and Power of the Municipal Corporation - The HMC generally does not have the authority to regularize unauthorized constructions, especially when no sanctioned plan exists or when deviations are substantial. The Supreme Court and High Court have rejected claims of discretionary regularization under Section 177 of the Act, affirming that unauthorized constructions must be demolished unless sanctioned plans are obtained beforehand ["SHIVSAKTI CONSTRUCTOR vs HOWRAH MUNICIPAL CORPORATION AND ORS - Calcutta"], ["INDCAL00000025574"].
Legal Procedures and Statutory Compliance - Demolition orders must specify the extent of deviation and the portions to be demolished; arbitrary or unreasoned orders are challenged in courts. The courts have directed the HMC to prepare demolition sketches and ensure orders are detailed and justified ["Sandip Das vs The Howrah Municipal Corporation - Calcutta"]. The authority's actions are strictly confined by the provisions of the Howrah Municipal Corporation Act, 1980, and any deviation from statutory procedures can render demolition orders invalid ["MANAS KUMAR SENGUPTA AND ANR. vs HOWRAH MUNICIPAL CORPORATION AND ORS. - Calcutta"].
Construction Without Sanction and Unauthorized Floors - Construction of additional floors without sanctioned plans is deemed illegal and liable for demolition. The HMC has initiated proceedings under the Act for such structures, emphasizing that unauthorized construction cannot be regularized retroactively ["MANAS KUMAR SENGUPTA AND ANR. vs HOWRAH MUNICIPAL CORPORATION AND ORS. - Calcutta"], ["SHIVSAKTI CONSTRUCTOR vs HOWRAH MUNICIPAL CORPORATION AND ORS - Calcutta"]. Orders for demolition are based on inspection reports confirming unauthorized deviations, and courts have upheld these actions when statutory procedures are followed.
Analysis and Conclusion:The Howrah Municipal Corporation is mandated to demolish unauthorized floors constructed in deviation of sanctioned plans, particularly from ground to third floors, based on inspection reports and statutory notices issued under Section 177(1) of the Howrah Municipal Corporation Act, 1980 ["MANAS KUMAR SENGUPTA AND ANR. vs HOWRAH MUNICIPAL CORPORATION AND ORS. - Calcutta"]. Courts have reinforced that demolition orders must clearly specify the extent of deviation; arbitrary or vague orders are subject to legal challenge. The Corporation's authority to regularize unauthorized constructions is limited, and unauthorized floors, especially those constructed without sanction, are typically ordered for demolition unless proper plans are obtained. Overall, the demolition of unauthorized floors by the Howrah Municipal Corporation is a process governed by statutory provisions, requiring detailed orders and adherence to legal procedures.
In the bustling city of Howrah, West Bengal, property development is booming, but so are disputes over building violations. A common question arises: floor Deviation has to be demolished by Howrah Municipal Corporation? Unauthorized extra floors or height exceeding sanctioned plans can lead to serious legal consequences. This blog post dives into the legal framework, court rulings, and practical implications, helping property owners understand their obligations and rights.
Note: This is general information based on legal precedents and statutes. It is not specific legal advice. Consult a qualified lawyer for your situation.
Floor deviations typically refer to constructions beyond the approved number of floors or height in a building plan sanctioned by the Howrah Municipal Corporation (HMC). These include adding unsanctioned floors or exceeding permissible heights, often done to maximize space but in violation of municipal rules.
Such deviations are not considered minor and cannot be brushed off. Courts have repeatedly emphasized that unauthorized construction, including exceeding sanctioned floors, cannot be regularized and must be demolishedHowrah Municipal Corpn. VS Ganges Rope Co. LTD. - 2004 2 Supreme 694Laxmi Residency Private Limited VS Rajesh Jain - 2022 0 Supreme(Cal) 616. Property owners risk demolition orders, fines, and legal battles if they ignore sanctioned plans.
The main legal finding is clear: HMC is legally obligated to demolish portions of buildings exceeding sanctioned floors or height, especially when constructed unlawfully. This stems from statutory powers and judicial directives.
The Howrah Municipal Corporation Act, 1980, grants explicit powers for demolition. Sections 174 and 177 empower HMC to act against illegal constructions violating sanctioned plans or building rules Howrah Municipal Corpn. VS Ganges Rope Co. LTD. - 2004 2 Supreme 694.
In one case, the court upheld delegation of these powers to Assistant Engineers, confirming demolition orders' validity even if not issued by the Commissioner personally Ranjit Pal VS Howrah Municipal Corporation - 2012 Supreme(Cal) 639.
Courts in Calcutta High Court have consistently directed HMC to demolish such violations:
These rulings align with broader principles: Unauthorized multi-storeyed constructions exceeding permissible floors or height must be demolishedHowrah Municipal Corpn. VS Ganges Rope Co. LTD. - 2004 2 Supreme 694.
Several other judgments strengthen this position, showing HMC's consistent duty:
These cases illustrate checks and balances: Hearings are mandatory, but regularization is off-limits for major deviations like extra floors.
HMC cannot demolish arbitrarily. Due process is required:
Owners can appeal to the Municipal Building Tribunal or seek High Court writs. However, courts prioritize public interest, safety, and rule compliance over individual convenience.
To avoid demolition:
For HMC:- Identify unauthorized floors exceeding plans.- Issue formal notices under Sections 174/177.- Ensure hearings before demolition Howrah Municipal Corpn. VS Ganges Rope Co. LTD. - 2004 2 Supreme 694.
Property owners in Howrah should prioritize compliance to safeguard investments. Stay informed on building rules, and when in doubt, consult professionals. For more on municipal laws, explore our related posts on West Bengal property regulations.
References:1. Howrah Municipal Corpn. VS Ganges Rope Co. LTD. - 2004 2 Supreme 694: Demolition of unauthorized floors.2. Laxmi Residency Private Limited VS Rajesh Jain - 2022 0 Supreme(Cal) 616: No regularization for additional floors.3. Additional cases: Subhas Chandra Banerjee VS Howrah Municipal Corporation - 2024 Supreme(Cal) 1164, ARATI PAL VS NIRMAL KUMAR TEKRIWAL - 1993 Supreme(Cal) 484, Ranjit Pal VS Howrah Municipal Corporation - 2012 Supreme(Cal) 639, Sukumar Ganguly VS Howrah Municipal Corporation - 1987 Supreme(Cal) 50, Mr. Trilochan Das vs The State of West Bengal - 2023 Supreme(Online)(CAL) 4600, Shail Kumari Singh VS Girija Shankar Shaw @ Jaiswal - 2022 Supreme(Cal) 983.
#HowrahMunicipal #FloorDemolition #UnauthorizedConstruction
The Commissioner, Howrah Municipal Corporation by noting the inspection report dated 31st October, 2025 had considered the deviation and following the aforesaid he directed the Howrah Municipal Corporation to demolish the unauthorized construction of the petitioners ... Pursuant to the aforesaid the Assistant Engineer, in charge, Building Department, Howrah Municipal Corporation had conducted a hearing on 24th Jun....
floor, shall not be demolished. ... Municipal Corporation & Ors. ... with a further direction that the portions up to the third floor shall not be demolished prior to taking of such decision, I am of the view that there is no scope for the municipal authorities to proceed with the demolition up to the third floor at this stage. ... By such order the Court had also restrained the municipal corporation to carry out a....
In this writ petition the writ petitioner is aggrieved with the action of the respondent no.1/Howrah Municipal Corporation (hereinafter referred to as the ‘Corporation’ in short) in allowing the private respondent nos. 9 to 11 to retain the floor beyond G+1 structure in premises no.53, Gopal Banerjee ... Consequently, the respondent no. 3 i.e. the Commissioner of Howrah Municipal Corporation is hereby directed to initiate a proceeding under Section 1....
It appears that the appellants, thereafter, constructed the fifth floor without any sanctioned plan from the Howrah Municipal Corporation, which was regularised by the Howrah Municipal Corporation upon acceptance of retention fees of Rs.32,30,293/- on June 17, 2015. ... provision of Section 177 of the Howrah Municipal Corporation Act, 1980. ... Howrah Municipal Corporat....
, or whether the deviation was of such nature which required the construction to be demolished. ... caprice of the Commissioner, Howrah Municipal Corporation. ... Arati Pal, the construction of the 5th storey was effected without any sanction granted by the Howrah Municipal Corporation, while the case of Sri Nirmal Kumar Tekriwal is one of alleged deviation from the sanctioned plan. ... Banerjee submitted that the Howrah#H....
Howrah Municipal Corporation and Others (FMA 1194 of 2009) had clearly held that the Howrah Municipal Corporation has no power to regularise an unauthorized construction. ... The plan was sanctioned by the Howrah Municipal Corporation (hereinafter referred to as the 'Corporation'). ... THE other point of challenge of the appellants was that the order does not disclose the extent of deviation and w....
It is true, that the petitioners could not demonstrate any sanctioned building plan issued by the Howrah Municipal Corporation. ... Banerjee, learned advocate appears on behalf of Howrah Municipal Corporation. He would submit that the petitioners were present at the time of inspection. ... Municipal Corporation, Bourough-VI, shall schedule a hearing on June 25, 2025 at 2.00 p.m. ... Municipal Corporation was extend....
PURSUANT to the said order, Howrah Municipal Corporation gave a hearing to the parties and found that there was some deviation and as such the construction was liable to be demolished. ... Pursuant to the said order passed by the High Court, the Howrah Municipal Corporation passed an order on 10th March, 1986, retaining all the unauthorised constructions of the three-storeyed house done in deviation of the sanctioned plan and in inf....
The petitioner admits that the extent of deviation in the ground and the first floor is 16.253 sq. m each and 10.742 sq.m on the roof of the first floor. ... It has been submitted that an application seeking regularization of the unauthorized portion is pending consideration at the end of the Howrah Municipal Corporation since June 24, 2022. ... The petitioner shall be obliged to vacate the portions constructed unauthorizedly and permit the men and officials of the Howrah#H....
was deviation while carrying out construction, for creating additional floor area for meeting demand of tenants of the existing structure which had to be demolished and reconstructed. ... Chatterjee, learned advocate appears for Kolkata Municipal Corporation. ... Municipal Commissioner cancelled/revoked the sanction building plan No.2016070070 dated 29.08.2016 under sanction 397 of the Kolkata Municipal Corporation Act, 1980. ... Corporatio....
'It is the specific case of the petitioner that in spite of the order of demolition passed by the Howrah Municipal Corporation duly affirmed by several orders of this Court, the Howrah Municipal Corporation is sitting tight over the matter and not taking steps to demolish the unauthorized construction. The learned advocate appearing for the private respondent submits that there is a valid order of injunction restraining the Howrah Municipal Corporation from taking any step with regard to the nature, character and possession of the suit property till the disposal of the Suit....
Further stated that after obtaining the permission from the Jammu Municipal Corporation appellant had constructed 2nd floor strictly as per permission granted by Jammu Municipal Corporation and no violation has been committed by the appellant pertaining to ground floor, first floor and 2nd floor. Prior to the order passed under section 7 (3) no show cause notice has ever been served upon the appellant which is the mandatory provisions of law as no one shall be condemned unheard. Copy of the sanction/permission plan annexed at Annexure "C". Only violation which the appellant....
A notice came to be issued by the respondent corporation as to why the 7th to 10th floor should not be demolished. Pursuant to the representation made in response to the said notice on 18th January, 1992 to the respondent- corporation, no further action in relation to the said show cause notice was taken. 3. The petitioner is a Co-operative Housing Society duly registered under the Maharashtra Co-operative Societies Act and they are having the building by name Jamuna Sagar, situated at Shahid Bhagat Singh Road, Colaba, Mumbai, comprising of 11 floors.
Act, 1979 the development permission can only be given by the Municipal Corporation and the Municipal Corporation should not grant permission for conversion of these water bodies as this is going to seriously affect the ecological balance. The learned counsel for the Howrah Municipal Corporation has submitted that these holdings of water bodies has been recorded with the Municipal Corporation as water bodies as per provisions of Howrah Municipal Act,1980 and development permission can only be given by the Howrah Municipal Corporation. It was pointed out by the petitioner th....
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