Tag: Calcutta High Court

IndustryLatest Stories

West Bengal CM: Don’t Rush to Demolish Illegal Buildings

KOLKATA: Chief Minister Suvendu Adhikari has urged the Kolkata Municipal Corporation’s buildings department to avoid rushing into demolitions without prior notification, allowing those affected adequate time to defend their cases. During an interactive session with various municipal officials on Saturday evening, Adhikari underscored the need for careful consideration when addressing illegal constructions in the city. The Chief Minister advised KMC’s senior buildings officials to approach the demolition of structures inhabited by economically disadvantaged individuals cautiously, particularly where residents have purchased flats or built homes that do not significantly breach KMC regulations. Adhikari expressed his concerns in a meeting after the…

Latest StoriesRegulatory

Buyers Can’t Legalize Illegal Construction, Says Calcutta HC

KOLKATA: The Calcutta High Court has upheld the demolition of the fourth floor of a building under Howrah Municipal Corporation, stating that flat owners cannot demand the legalization of unauthorized construction solely based on their financial investment in that floor. The case was brought forth by the owners of a flat on the top floor, who petitioned the division bench of Justices Debangsu Basak and Reetobroto Kumar Mitra for urgent consideration on Sunday. The division bench noted that landowners were notified by the Howrah Municipal Corporation, which conducted an evaluation of the legality of the structure. “There is no evidence…

Latest StoriesRegulatory

Calcutta HC Halts Tiljala, Kasba Building Demolition for a Month

KOLKATA: On Friday, the Calcutta High Court put a temporary hold on demolition notices issued to several buildings in Tiljala and Kasba for the next 30 days. The court has instructed the Kolkata Municipal Corporation (KMC) to conduct a hearing that includes both unauthorized building owners and their tenants. “In the event of a demolition notice for unauthorized constructions, both tenants/occupants and building owners must be given a chance to be heard,” the High Court stated while maintaining ‘status quo’ in a series of cases challenging the KMC’s demolition orders. The KMC commissioner has been mandated to provide an opportunity…

Latest StoriesRegulatory

Calcutta HC Cancels Builder’s Bail, Rejects ‘Sinful’ Protection

KOLKATA: The Calcutta High Court has revoked the bail granted to a builder involved in a cheating case by a lower court, stating that the liberty of an accused cannot be safeguarded by an order “born in sin”. Justice Uday Kumar noted that a bail order that is unsigned or partially initialed, lacks a rationale addressing the victim’s specific objections, and disregards witness intimidation history, constitutes a perverse ruling that the high court must annul. “This case showcases a troubling scenario where the liberty of the accused overshadowed the victim’s safety through an order that fails the fundamental requirements of…

Latest StoriesRegulatory

Calcutta HC: KMC Can Fix Unsafe Buildings in Disputes

KOLKATA: The Calcutta High Court ruled on Dec 23 that civil disputes would not hinder the renovation of a building designated as ‘dilapidated’ or ‘unsafe’ by the KMC. The court stated, “The residents, including tenants and nearby individuals, could face substantial risk if the Corporation’s order is not executed.” The challenge arose from the trial court’s decision to lift an interim order in a civil suit regarding a 1/6th property share, brought before the division bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, which also contested transfer deeds issued by the building owners. After the lower court issued the interim…

Latest StoriesRegulatory

Calcutta HC: Auction Buyers Must Pay Property Tax Dues

KOLKATA: The Calcutta High Court ruled on September 25 that auction purchasers must cover the property tax liabilities of previous owners. This decision arose when a company requested a waiver for outstanding property taxes amounting to Rs 1,23,84,142, which the KMC deemed unacceptable for mutation. Justice Gaurang Kanth indicated that the auction purchaser holds the responsibility for the property’s tax arrears, stating, “The petitioner, being the auction purchaser, is obliged to settle the outstanding property tax dues. The sale notice and expression of interest (EOI) highlighted that all bidders should conduct their own investigations and due diligence before bidding.” The…

Latest StoriesRegulatory

No More Hurdles for Chingrighata Orange Line Work: HC

KOLKATA: The Calcutta High Court (HC) announced on Thursday that construction work at the Chingrighata crossing for the Orange Line project can proceed without further issues. This decision came during the hearing of a Public Interest Litigation (PIL) filed by Upamanyu Bhattacharya, which sought urgent court intervention in response to delays in completing the 32km New Garia-Airport metro corridor. The project had been delayed since February 2 due to the lack of a No Objection Certificate (NOC) from Kolkata Police necessary for cordoning off a section of the busy EM Bypass crossing. State Advocate General Kishore Datta informed the HC…

Latest StoriesRegulatory

Calcutta HC: Building Nod Can’t Be Denied Based on Old Plans

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…