LAXMI RESIDENCY PRIVATE LIMITED Vs. RAJESH JAIN

JUDGEMENT

(1.) The age-old controversy with regard to the power of a Municipal Corporation to regularise an unauthorised construction has again surfaced in these two appeals. This time the issue crops up from an order of demolition passed by the learned Single Judge in respect of a construction which was allowed to be retained by the Howrah Municipal Corporation upon payment of retention fees. Interestingly, the learned Single Judge has passed the said demolition order suo motu in absence of any prayer made by the parties to these litigations.

(2.) The appellants in the year 2006 obtained a sanctioned plan for construction of a ground plus four-storeyed building at the premises no. 7, Hardutt Rai Chamaria Road, Howrah-711101 from the Howrah Municipal Corporation.

(3.) 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.32,30,293.00 on June 17, 2015.