Can’t regularise illegal construction post completion certificate, says HC

Kolkata: The Calcutta High Court has strongly criticised the Kolkata Municipal Corporation (KMC) for regularising unauthorised construction in a multi-storey building even after the issuance of a completion certificate more than a decade ago.

The bench of Justice Amrita Sinha held that such actions were contrary to law and amounted to wilful non-compliance with a previous court order. The court had earlier directed the KMC to take prompt legal action against unauthorised constructions at a premises in Ballygunge, following detection of violations during a civic inspection.

While the sanctioned building plan was for a G+4 residential structure with parking and showroom space, it was found that the second and third floors were being used as offices and the showroom extended using brick walls.

Instead of taking demolition steps, the civic body regularised these deviations by imposing fees, following a hearing and internal departmental approvals. Justice Sinha observed that this approach was in “complete disregard to public interest and the environment.”

The court noted that the building had already been regularised on two previous occasions, in 2010 and 2011, and a completion certificate had been issued in 2011.

Despite this, further unauthorised structures were allowed to stand by accepting regularisation charges. “Even after issuance of the completion certificate, the authority went on regularising illegal constructions,” the court said. “The act of the authority implies that more importance is given to the fees collected in lieu of regularisation, ignoring and disregarding the larger aspect of public interest, safety and the environmental laws.”

The court further stated: “Instead of getting rid of the illegal and unauthorised constructions, the authority went on to regularise the same on payment of charges.”

Holding that the civic body had wilfully disobeyed its direction to act in accordance with law, the court declared the order of regularisation to be void. It granted one final opportunity to the civic authorities to act strictly in line with the law and deal with the unauthorised constructions accordingly. An updated report is to be filed by August 25, when the matter will be heard again.