SHIROMANI FLAT OWNERS Vs. KOLKATA MUNICIPAL CORPORATION
LAWS(CAL)-2019-7-197
HIGH COURT OF CALCUTTA
Decided on July 25,2019

Shiromani Flat Owners Appellant
VERSUS
KOLKATA MUNICIPAL CORPORATION Respondents

JUDGEMENT

- (1.) The petitioners in both the writ petitions are challenging the sanction of a building plan granted by the Kolkata Municipal Corporation (KMC) in a portion of "Tripura House" at premises no. 59, Ballygunge Circular Road, Kolkata - 700 019. The petitioners claim that the property in question has been listed as a heritage property by KMC and construction in the said premises in not permissible in accordance with the KMC Act 1980 as amended and the Rules framed thereunder. Affidavits have been exchanged in both the writ petitions.
(2.) The records relating to the grant of sanction were directed to be produced in Court by an order dated 18th June, 2018. The Court by an order dated 27th June, 2018 granted liberty to take inspection of the said records. The parties duly inspected the records in the presence of the officer of the Court. Hearing in the matter commenced on 18th June, 2018. Due to change of determination hearing could not be concluded.
(3.) The matter thereafter appeared in the list of this Court and hearing commenced on 14th March, 2019. The petitioners in respect of WP 45 of 2018 completed the arguments on 27th March, 2019 and KMC commenced argument on the same date. On 2nd April, 2019 a prayer was made before the Court for production of the records which were kept in the safe custody of the Registrar of the Court and all the parties prayed for inspection of the documents and for taking copies thereof. On the prayer of the parties the Court directed photocopies of the required documents available in the records to be handed over to the parties. Hearing of the matters resumed once again on 23rd April, 2019. ;


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