Mumbai, Sept. 2 -- The Calcutta High Court (High Court) Circuit Bench at Port Blair held that a third party or public?spirited citizen can approach the writ court when municipal authorities fail to act against unauthorised construction, noting the burden on civic amenities and safety hazards. The Division Bench (Bench) of Justice Shampa Sarkar and Justice Arjun Ray Mukherjee upheld demolition directions for unauthorised portions of a hotel in Sri Vijaya Puram, subject to the regularisation scheme. The Bench rejected the appellant's locus contention.
The Bench relied on the Supreme Court decision in Deepak Kumar Mukherjee v. Kolkata Municipal Corporation to say that a public?spirited citizen may bring unauthorised construction to regulatory authorities and that a writ petition is maintainable. It noted that the petitioner had responded to a newspaper appeal by the Andaman and Nicobar Administration and lodged a complaint seeking implementation of a demolition order passed in 2011. The judges said laws regulating construction aim for planned development of the Islands.
The Bench observed that rampant unauthorised construction places a strain on civic amenities and creates safety risks, inconveniences and hardships that deny dignified living. It held that where the public at large are likely to be affected and the competent authority remains complacent or fails to ensure demolition, the writ court can be approached for appropriate directions. The court found regularisation is not a matter of right and courts cannot judicially regularise buildings erected without permission.
In the appeal by Dr R. Thulasidasan against a Single Bench order directing the Sri Vijaya Puram Municipal Council to seal his hotel and implement an earlier demolition order, the Bench found violations beyond permissible parameters. The sanctioned plan permitted a total floor area of 293.49 sq.m., whereas the construction measured 1,156.50 sq.m., resulting in a violation of 863.01 sq.m., with unauthorised additional floors, illegal commercial conversion and encroachment on public land. The court directed implementation of the demolition order after considering the modified or proposed regularisation scheme and extended the time for demolition by eight weeks.
Published by HT Digital Content Services with permission from Construction World.