SHAHBAZ AYUBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is aggrieved by the demand raised by the Corporation directing the petitioner to pay a sum of Rs.8,68,23,808.00 only for sanction of the plan proposal submitted by the petitioner. The petitioner is particularly aggrieved by the demand of miscellaneous charges amounting to Rs.8,00,44,267.00 assessed for sanction.

(2.) The petitioner submits that there is no provision in law under which miscellaneous charges may be imposed for sanction of plan proposal. It has been submitted that an old dilapidated structure exists at premises no. 98, Collin Street under Borough VI of the Corporation. The petitioner intends to demolish the old structure and raise new construction thereon. The petitioner intends to obtain benefit under Rule 142 of the Kolkata Municipal Corporation Building Rules, 2009.

(3.) Rule 142 provides for certain relaxations which are available at the time of construction of new buildings in place and instead of the existing building after demolition thereof. The schedule of fees and charges for sanction of building permit is specified and there is no scope for demanding miscellaneous charges for sanction of the building plan proposal. Prayer has been made for setting aside the impugned demand and to direct the Corporation to issue the sanctioned building plan upon levying the prevailing fees.