High Court seeks KMC report on ‘inaction’ over illegal construction

Kolkata: The Calcutta High Court on Thursday directed the Kolkata Municipal Corporation’s (KMC) municipal commissioner to submit a report explaining why the corporation has seemingly supported an unauthorised construction.

The bench of Justice Amrita Sinha chided the KMC for its apparent failure to address unauthorised construction at 22, Sarat Bose Road, despite a court directive issued in 2023.

The court expressed strong disapproval, stating that KMC’s inaction “tacitly supports” illegal structures, a stance she deemed “contrary to law and highly deprecated”.

The issue stems from a residential building in Ward 69, Borough VIII, sanctioned in 2007 for a ground-plus-four-story structure. The approved plan designated the ground floor for car parking, the first floor as a showroom, and the upper floors for residential flats. However, inspections revealed deviations, with the car parking space illegally converted into a commercial shop and the second and third floors being used as offices.

On September 14, 2023, Justice Sinha had ordered KMC to decide on the detected violations and take action within 12 weeks. Despite this, no progress has been allegedly made, prompting a contempt application. During Thursday’s hearing, the court noted that the case file appeared to be “moving from one department to another” without any practical steps being taken.

The borough executive engineer of KMC’s Building department was present in court and was directed to attend the next hearing on July 3.

The Municipal Commissioner was also ordered to submit a report explaining why the corporation has seemingly supported the unauthorised construction. In 2023, KMC’s report acknowledged the deviations but failed to act.

During contempt proceedings, it emerged that the Mayor-in-Council had referred the matter back to the special officer (building) for a rehearing, citing compliance with rules.