Calcutta HC penalises promoters of illegal building in Shantinagar, ET RealEstate

April 4, 2024

<p>Representative Image</p>
Representative Image

KOLKATA: Calcutta High Court on Wednesday slapped a penalty of Rs 1 crore on two promoters of an illegal G+4 building at Shantinagar in Salt Lake’s ward 35 and asked them to furnish their bank account details, income tax returns and list of self-owned properties by April 12.

The HC also asked the residents of the illegal property to immediately vacate the building and directed Bidhannagar Municipal Corporation (BMC) to demolish the construction within 30 days. Electricity and water connection to the building will have to be snapped immediately, BMC was told.

Justice Amrita Sinha did not agree with a BMC committee report that urged the court to take a sympathetic approach since the demolition would turn the building inmates – all from impoverished background – homeless. Keeping in mind the safety and security of the building’s inmates, the committee’s recommendations could not be accepted, the court said.

‘We have to be stricter after the Garden Reach incident’
Disagreeing with a BMC committee report that urged the court to take a sympathetic approach towards the inmates of the building, Justice Amrita Sinha said, “Sympathy cannot be a factor while passing an order in terms of law. The building was without sanction and it has been admitted by the developer. There is no other option but to direct BMC to demolish the unauthorised construction.” She added that “after the Garden Reach incident we have to be stricter”.

The HC, which will hear the case again on April 16, did not disregard pleas by lawyers that the occupants should be compensated by the promoters. An indication of this was left in the judgment, in which Justice Sinha directed the promoters to deposit the fine amount of Rs 1 crore with the HC registrar general as a “security deposit”.

While asking the promoters to furnish their financial details, Justice Sinha made it clear that they were being restrained from “selling, transferring and alienating their property” till the high court disposes the case.

The high court also asked BMC to blacklist the promoters and not to give nod to any building plans submitted by them or allow any construction being carried out by them.

Calcutta HC doubles fine on building promoter for failing to pay cost imposed in time

​The court had on March 12 dismissed a writ petition by the building promoter seeking regularisation of the three-storeyed house at Nandibagan area in 106 ward in south Kolkata, which was built in an unauthorised manner.

  • Published On Apr 4, 2024 at 12:00 PM IST

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