Indian Kanoon - Search engine for Indian Law

In the present case sanctioned plan was accorded to make construction by the KMC in favour of private respondents on 22nd January, 2008 and the completion certificate was issued on 30th May, 2011 and during such period no steps have been taken by the private respondents in terms of relevant Building Rules for making internal or external deviation. Therefore, subsequently conversion of car parking space into office space upon alteration of user is found to be in gross violation of the statutory provisions and contrary to the sanctioned plan accorded to the private respondents. What are the extents of deviation made by the private respondents while making construction at the ground floor of the premises in question have not been stated in the order impugned. In this regard reliance is placed on a judgment of a coordinate Bench dated 4th October, 2018 reported in (2018) SCC OnLine Cal 15879 (Chittaranjan Das vs. Kolkata Municipal Corporation & Ors.). This Court finds it apt to quote paragraph 7 of the judgment below:

In the case at my hand a G+3 storied building was permitted to be constructed by the concerned authority of KMC and the same was accordingly constructed. As per sanctioned plan the ground floor is required to be used for car parking space. Petitioners while purchasing office spaces also purchased car parking spaces. During course of construction no steps were taken as per Kolkata Municipal Corporation Building Rules for internal or external deviations and the building in question was complete in 2011 and completion certificate was issued on 30th May, 2011. Thereafter in 2012 car parking space at the ground floor of the said building was converted into office space in disregard to the sanctioned plan accorded by the KMC. This issue also needs to be considered from different perspective apart from unauthorized construction made by the private respondents. City of Kolkata is reeling under shortage of car parking space and the residents of the city are being compelled to keep their cars on municipal roads, lanes and by- lanes impacting movements of the vehicle as well as pedestrians. When KMC has accorded sanctioned plan with the stipulation to use the ground floor of the building in question as car parking space, same cannot be permitted to be converted into office space infringing right of the petitioners to keep their cars at the allotted space at the ground floor. If such illegal and irresponsible conduct on the part of the private respondents to convert the car parking space into office space is allowed then it would create a precedence in similar future cases and worse sufferers would be the residents of this city.