Take Action Against Officials Sitting On Illegal Building Files, Cal Hc Urges Mayor, ET RealEstate

September 15, 2023

KOLKATA: The Calcutta High Court on Tuesday urged mayor Firhad Hakim to act against the “erring officers” who did not act for the past three years despite knowing that a high-rise was built in Canning Street illegally and being used commercially.

Justice Amrita Sinha said: “If the officers concerned are not dealt with appropriately, the menace of illegal construction cannot be arrested, and it is only a matter of time within which the city will have more unauthorized constructions than authorised ones.”

The issue is related to a complaint made to mayor Hakim in his weekly ‘Talk to Mayor’ programme. The complaint was probed and an inspection showed that the fourth to seventh floor, and a CI shed over the seventh floor, was illegally constructed. The findings prompted a mayor-in-council member meeting, which decided on August 28 that the building should be immediately demolished because if allowed to stand, it might collapse any moment which may lead to deaths. The building owners then moved HC, pleading that they should be heard before demolition.

But when Justice Sinha was hearing the plea, it came to light that the construction of this building was being carried out since 2020. On October 14, 2020, KMC officers inspected the building. The officers had noticed the illegal construction and lodged an FIR on October 15, 2020. The KMC officers also submitted a demolition plan to the police. Nothing happened after that. Three years later, the call to ‘Talk to Mayor’ reignited the issue.

Justice Sinha said: “Even though unauthorized construction was noticed way back in 2020, the KMC officials failed to take any steps to deal with it. The officials permitted the person responsible for making construction to complete the entire unauthorized construction and thereafter, permitted creating third party interest and also permitted the said persons to use the property as a commercial one.”

The HC said though none gets a right over a property built illegally, to pass any demolition order without giving the occupants a hearing will be against principles of natural justice. Srijib Chakraborty, who argued in the case, said: “KMC has to decide on this by eight weeks after giving a hearing.”

Justice Sinha said: “The officials in the (KMC) borough offices are required to act diligently, promptly and honestly and they should not bow down to the money and muscle power of unscrupulous builders who raise construction in complete disregard of the legal provisions.”

The HC also hoped that KMC takes “positive steps in the right direction” to save the city from the hands of land sharks, promoters and developers who raise construction without following the basic engineering norms and the relevant legal provisions.”

  • Published On Sep 15, 2023 at 09:05 AM IST

Join the community of 2M+ industry professionals

Subscribe to our newsletter to get latest insights & analysis.

Download ETRealty App

  • Get Realtime updates
  • Save your favourite articles

Scan to download App

Source link

Abhay Singh

Web Developer

Leave a Comment