The Calcutta High Court increased fines on a construction contractor for an unauthorized three-storeyed structure in Kolkata. Despite a dismissed writ petition, the promoter failed to pay the initial penalty by the deadline of March 18.
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KOLKATA: Today(on 20th March), The Calcutta High Court‘s ruling on the unauthorised construction of buildings in Kolkata. The court increased the fine imposed on the construction contractor in charge of building an unauthorised three-storeyed structure at Nandibagan, near South Kolkata’s 106th ward with a decisive move.
Initially, the court imposed a fine of Rs one lakh on the promoter after dismissing a writ petition on March 12. This petition aimed to regularize the illegally constructed house, but the court found it to be without merit. Justice Amrita Sinha, overseeing the case, observed that the promoter failed to pay the initial financial penalty by the designated deadline of March 18. The promoter’s non-compliance was attributed to an appeal against Justice Sinha’s order to the division bench of the court, but this appeal did not result in any stay on the original directive.
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Justice Sinha declared:
“The persons involved in unauthorised constructions should be given a good lesson so that these can be curbed.”
The court’s resolution to double the fine from Rs one lakh to Rs two lakh underscores the seriousness with which it views such violations. Justice Sinha mandated that the increased penalty be paid by March 22, emphasizing the judiciary’s intolerance for delays and non-compliance.
She expressed:
“The court does not see any reason for extending the time period for payment of the cost as was prayed for by the petitioner, which was to be done by March 18.”
The court’s decision to impose an increased fine and set a new deadline for payment reflects a determination to enforce urban planning laws rigorously. By imposing stricter penalties, the court aims to deter violations and ensure compliance with authorized standards and regulations for construction within the city.
The importance of upholding urban planning laws to maintain order, safety, and adherence to established norms in urban development. Failure to meet the new deadline for fine payment may lead to additional penalties.
The Kolkata Municipal Corporation (KMC) counsel reported that the petitioner had been issued a notice to cease further construction due to the lack of necessary sanctions. Despite this, the promoter sought regularization from the KMC after the fact.
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Justice Sinha, in her March 12 order, also addressed the broader issue of unauthorized constructions in Kolkata. She instructed the commissioner of the KMC to issue advisories to engineers across all boroughs, ensuring regular monitoring to identify and act against any new constructions lacking proper sanction. She emphasized:
“If it is found that the said construction is without sanction, then immediate action should be taken to deal with the same in accordance with law.”
