Calcutta High Court Doubles Fine on Building Promoter for Failing to Pay Cost Imposed on Unauthorised Construction

In a significant development, the High Court of Calcutta has increased the fine imposed on a building promoter from Rs one lakh to Rs two lakh for failing to pay the cost imposed on them for constructing an unauthorised three-storeyed building in Kolkata.

The court’s decision came after it dismissed a writ petition filed by the building promoter seeking regularisation of the unauthorised three-storeyed house located in the Nandibagan area in the 106th ward of south Kolkata.

Justice Amrita Sinha, who presided over the case, noted that despite being directed to pay the cost of Rs one lakh by March 18, the petitioner failed to comply, citing an appeal filed before the division bench of the court. However, since there was no stay on the previous order by the division bench, Justice Sinha decided to increase the cost imposed on the petitioner to Rs two lakh.

Emphasising the importance of deterring unauthorised constructions, Justice Sinha remarked that those involved should be taught a lesson to curb such activities effectively.

The court refused to extend the deadline for payment of the increased cost, stating that there was no justification for doing so. Moreover, Justice Sinha warned that failure to comply with the order within the stipulated time could lead to further enhancement of the penalty.

During the proceedings on March 12, the Kolkata Municipal Corporation (KMC) informed the court that the petitioner had been issued a notice to halt further construction of the building due to the lack of sanction.

In her earlier order, Justice Sinha directed the KMC Commissioner to issue proper advisories to engineers across all boroughs of the corporation to maintain vigilance and promptly address any unauthorised construction activities. The court emphasized that immediate action must be taken against any construction carried out without proper sanction, in accordance with the law.

The High Court’s decision underscores the importance of adhering to regulatory norms and taking strict measures to combat unauthorised constructions in the city.

 If you like this law news, share it with a friend!