KOLKATA: The Calcutta High Court has ruled that the civic body cannot deny building permits based on a nearly 100-year-old street plan. The court annulled alignments for two streets from 1930 that had never been implemented. The Kolkata Municipal Corporation (KMC) had used this outdated plan to deny building permissions for properties at 74A Christopher Road and 32 Pulin Khatik Road.
Justice Rai Chattopadhyay stated, “A plan must be acted upon within a reasonable timeframe. It is unfair for KMC to indefinitely uphold a historical street plan. The legislature allows for cancellation or modification of such plans after 10 years of defining them, contingent on justifiable reasons.” The KMC was instructed to nullify the street alignments and approve the building plans.
The property owners, Satrughan Khatick and Pradip Khatick, have been paying taxes on their plots. Satrughan acquired the property at 74A Christopher Road in 2015, while Pradip inherited the one at 32 Pulin Khatik Road from his father. When they sought construction approval, they were informed that part of their land conflicted with the outdated street alignments.
The Khaticks challenged KMC’s decision in court. Their lawyer argued that while KMC has the right to define street alignments, these cannot be perpetually enforced without action. He noted the Khaticks were unaware of the alignments when they purchased or inherited their properties and that KMC had not moved to modify them.
KMC’s legal representative contended that the alignment for 74A Christopher Road was sanctioned on February 27, 1930, and had been in place since. He argued that the property was encumbered under this alignment when Satrughan bought it in 2015. “Any alteration or cancellation of the sanctioned road alignment would negatively impact public interest, and should only be done for valid reasons,” KMC maintained.
The High Court observed that KMC has the authority to modify or cancel street alignments after a decade if the objectives for which the alignment was established have not been met.
