MOHANLAL MITRA Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) In this application the petitioner has challenged an order dated 28th November, 2001 passed by the Special Officer, Delhi and also an order dated 28th January, 2005 passed by the Municipal Building Tribunal whereby the order of the Special Officer, Building was affirmed.

(2.) The facts of the case in short are as follows: The respondent No. 6 complained before the Municipal Authorities (hereinafter referred to as the KMC) that the petitioner had constructed a five storied building over the existing building without any sanction plan. It was also alleged that the foundation of the building was not strong enough to hold the load of an additional floor thereby making the entire building unsafe.

(3.) Pursuant to such complaint a notice under section 400(1) was issued upon the petitioner. After hearing the parties in a proceeding initiated under section 400(1) the Special Officer, Building after examining the matter in great details came to the conclusion that certain constructions with regard to projections and others from 1st floor to 3rd floor could be considered for retention ignoring the infringement of rules being minor in nature but the construction of the additional floor at the 4th floor level cannot be allowed to be retained as it amounts to gross violations of the Building Rules in a particular Rule 61 of the said rules.