been empowered to
regularize certain unauthorized construction. It is also pointed out from the
side of the appellant that the Municipal Commissioner has issued Circular ... demolish the
unauthorized structure even without giving him any opportunity of hearing.
20
32. Needless to mention that unauthorized construction has become a
menace
construction without
any sanction or permission from the Corporation. According to the writ
petitioners, they had prepared shuttering for construction over (G+V)
construction which ... event there is no
immediate threat perception in respect of such unauthorized construction.
In the impugned judgment the Learned Single Judge observed, inter alia,
that
joint mutawallis in violation of the
sanctioned plan were carrying on unauthorized construction at the said
premises which may be summarized hereinbelow:-
" (i) Extension ... unauthorized construction or
construction beyond sanctioned plan accorded by the municipal authorities
should be dealt with, with iron hands since such unauthorized
constructions have become
alleging that her contiguous land owner Smt. Sipra Mondal had raised
unauthorized construction on her land without obtaining sanction
from the concerned authority. In previous ... unauthorized and prayer for regularization was made from
the side of the respondent no. 6. If the appellants are allowed to retain
their unauthorized construction
Court by filing WPA 5314 of 2021 alleging illegal and
unauthorized construction by the respondent nos. 7 and 8 in
that writ petition. The respondent ... that writ petition
is the present appellant. The allegation was that
unauthorized construction was being raised at premises no.
33B, Ahiripukur Road, Kolkata
appellant in the relevant writ
petition was that he was making unauthorized construction on the land in
question and for which the Kamarhati Municipality ... directed him to
demolish the unauthorized construction but without paying any heed to
such direction, the present appellant was continuing with his unauthorized
construction
said order, it does not appear that the issue of unauthorized construction
was before the learned Court. In the present case, specific averment ... unauthorized
construction.
It is settled law that in respect of unauthorized construction, the order of
injunction cannot be passed to hold on to a structure
learned Single Judge in 2010
with the grievance that there is unauthorized construction at
the concerned premises but the Baranagar Municipality (in
short ... construction and they should bear the
expenses of demolishing such construction.
The Municipality says that it is under no
legal obligation to demolish the
unauthorized
unauthorized and has suffered a
demolition order. The learned Judge also recorded that
initially, HMC had allowed retention of certain portions
of the unauthorized construction ... regards retention of the unauthorized
structures, the learned Judge has recorded that
initially, retention of a part of the unauthorized
construction was permitted. However, time
Burdwan Municipality (in
short 'the Municipality') in respect of unauthorized
construction raised by Smt. Champa Routh (in short
2
'Champa ... directing the Municipality to consider her application
for regularization of the unauthorized construction. WPA
26476 of 2022 was an application filed by Champa alleging
unauthorized
