Accused promoters to pay Rs 1L fine to KMC or suffer jail

Kolkata: Observing that the state government must add stringent penalty provisions in the Kolkata Municipal Corporation Act 1980, the Calcutta High Court has directed a promoter duo to either pay Rs 1 lakh as a fine to the Kolkata Municipal Corporation (KMC) or face the imprisonment sentence ordered by the trial court for carrying out illegal construction.

The bench of Justice Ajoy Kumar Mukherjee was moved by them challenging the trial court order and judgement sentencing them to suffer imprisonment of six months.

The duo, repeat offenders, was accused of constructing a building at BB Ghosh Sarani without any sanction plan from the KMC Building Department.

The complaint against them was registered at the Maniktala Police Station on the basis of a report by an assistant engineer (Civil) of the Building Department.

The bench observed that under the KMC Act of 1980, the punishment for the offence prescribed in the schedule appeared to be inadequate which encouraged the wrongdoer.

“The provision for more stringent punishment in case of unauthorised constructions should be incorporated immediately by the lawmakers in the Act of 1980 and deterrent aims must be there in the Act to discourage the practice of unauthorised construction.”

The court also criticised the process of regularization, observing it should be discouraged and can only be considered if the building meets all safety and regulatory standards and fulfils all sanctioned plan requirements.

Court observed: “The incidence of illegal construction has assumed alarming proportions. In the last few decades, the menace of unauthorized constructions has been paying heavy price by every citizen within the Municipal area. Serious threat is posed to ecology and environment and at the same time such unauthorised construction is causing danger to the infrastructure consisting of water supply, sewerage, traffic movement etc...”

The court modified the sentencing part and directed both the petitioners namely Naru Dam and Haru Dam to pay a total of Rs one lakh fine to KMC within one month.

In case of non-payment they will surrender before the trial court for execution of sentence awarded. In case of failure to pay the KMC and surrender before the trial court, the latter will take necessary steps after expiry of one month from this order which includes issuance of warrant to compel their attendance for execution of sentence.