ONKAR PARIVAHAN FINANCE PRIVATE LIMITED Vs. KOLKATA MUNICIPAL CORPORATION
LAWS(CAL)-2017-2-66
HIGH COURT OF CALCUTTA
Decided on February 24,2017

Onkar Parivahan Finance Private Limited Appellant
VERSUS
KOLKATA MUNICIPAL CORPORATION Respondents

JUDGEMENT

I.P.MUKERJI, J. - (1.) In this judgment and order, the reference to the petitioner will mean reference to the petitioner company. On 15th September, 2005, the petitioner purchased a premises numbered as 19, Armenian Street Police Station; Barabazar, Kolkata - 700 001. There is no dispute whatsoever that at the time of its sale, the building standing on the premises was in an absolutely dilapidated condition. On 17th July, 2006, the respondent corporation granted permission to demolish it.
(2.) The petitioner submitted a building plan to the respondent corporation. It conceived of demolition of the existing building and erection of a five storied building (G+5) with a lift installed in it. The building plan was sanctioned by the respondent corporation on 9th November, 2006 and was valid till 8th November, 2011. The petitioner was successful in pulling down the dilapidated building.
(3.) The affidavit in opposition of the respondent corporation states that whilst constructing the G+5 storied building the petitioner made some deviations from the said sanctioned plan. In those circumstances, a demolition proceeding was initiated by the respondent corporation. It appears that on 13th June, 2008 the Special Officer (Buildings) passed an order, the result of which was that the deviations were regularised in terms of a sanctioned revised plan submitted by the petitioner.;


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