SC Urges Calcutta HC To Act Against Unauthorised Constructions In Kolkata
A bench of Justices J.B. Pardiwala and K.V. Viswanathan, while dismissing a plea filed by a private firm and other petitioners against a Calcutta High Court ruling, observed that unauthorised constructions in violation of norms must be dealt with firmly in accordance with law.
"It is high time that the Calcutta High Court in larger public interest takes up this issue (of unauthorised constructions) and ensures that each and every unauthorised construction across the city of Calcutta is dealt with appropriately in accordance with law," the Justice Pardiwala-led bench said.
The case involved a building in Howrah's Chakpara area, where the Howrah Zilla Parishad found that the developers had added a fifth floor and cantilever projections in violation of the sanctioned plan.
The Parishad, in its resolution of August 12, 2024, concluded that the deviations were made "knowingly and deliberately" and directed the builders, M/s T.S. Construction, Tapas Saha, and Supriyo Mazumdar, to "remove the unauthorised portions of their existing building at their own cost".
In its order passed in November 2024, the Calcutta High Court upheld Howrah Zilla Parishad's decision, rejecting the developers' reliance on a revised plan submitted in 2021.
In support of his claims, the petitioners relied on Regulation 2015 of the Howrah Zilla Parishad Bye-laws, 2005.
Dismissing the special leave petition filed against the Calcutta High Court decision, the Supreme Court observed that the Bye-laws were appropriately dealt with by the High Court.
The Justice Pardiwala-led bench endorsed the Calcutta High Court's approach and appreciated its "concern in taking appropriate action against such unauthorised constructions all across the city".
At last, the apex court urged the Calcutta High Court to act swiftly against unauthorised constructions in Kolkata.

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