LAWS(CAL)-2011-4-93

PARTHA DEY Vs. KOLKATA MUNICIPAL CORPORATION

Decided On April 01, 2011
PARTHA DEY Appellant
V/S
KOLKATA MUNICIPAL CORPORATION Respondents

JUDGEMENT

(1.) The main question involved in this writ application is, whether compliance with principles of natural justice, is essential for demolition of the three upper storeys of a building, constructed without sanction, in violation of section 392 of the Kolkata Municipal Corporation Act, 1980, hereinafter referred to as "the KMC Act." The petitioner, who claims to be a Civil Engineer, applied for sanction of and was sanctioned a building plan for construction of a four storeyed building (Ground + Three) at the premises specified in paragraph 3 of the writ petition. A copy of the sanctioned building plan is annexed to the writ petition. According to the petitioner, construction of the building has been completed and some interior work is in progress.

(2.) In or about May, 2010, Kolkata Municipal Corporation, hereinafter referred to as KMC, issued a notice under section 401 of the KMC Act, calling upon the petitioner to stop all construction, including additions and/or alterations at the premises in question. Guards were also posted to ensure that no further construction was carried out.

(3.) By a letter served on KMC on 24th August, 2010, the petitioner undertook to suspend all work, and requested the Executive Engineer of the concerned Borough to withdraw the guards.