Kolkata, Sept. 14 -- The Calcutta High Court has directed the New Town Kolkata Development Authority (NKDA) to demolish all construction beyond 18,218 square feet in the retail area of the Rosedale Garden complex, holding that Rosedale Plaza's rights were restricted to that extent and that the retail facilities were primarily meant for the benefit of residents.

A division bench of Justices Rajasekhar Mantha and Anuj Singh held that Rosedale Garden and the retail area formed part of a single residential housing project spread over 16.32 acres. It ruled that the only valid sanction plan governing the project was the NKDA's revised plan of April 26, 2011.

The court rejected Rosedale Plaza's claim to construct under the original HIDCO plan of August 27, 2009. The revised plan had reduced the retail area to about 27,000 square feet, while Rosedale Plaza had acquired rights over only 18,218 square feet.

Its construction rights, therefore, were restricted to that area and had to conform to the 2011 NKDA plan.

The bench also held that the development agreement between HIDCO and Rosedale Developer Pvt Ltd authorised the developer to develop the project and sub-delegate construction work, but did not confer ownership of the land on it. It therefore could not transfer land title. The court said Rosedale Plaza could at best act as a sub-developer to construct, run and manage the retail area for the residents.

The court noted that an NKDA inspection had found unauthorised commercial outlets, fencing separating the retail and residential portions, a toilet block and gas bank obstructing the internal road, and unauthorised roof additions.

NKDA was directed to demolish construction beyond 18,218 square feet within two months and recover the demolition cost from Rosedale Plaza.

It was also ordered to remove the existing fence separating the residential and retail areas. Rosedale Plaza was allowed to cordon off its 18,218-square-foot area with limited access to protect residents' privacy.

Published by HT Digital Content Services with permission from Millennium Post.