J.S. Chandhok (Developers) Pvt. Ltd. & ANR v. The Kolkata Municipal Corporation & ORS

05.01.2021 RP Ct.04 WPA No.14692 of 2019 J.S. Chandhok (Developers) Private Limited & Anr.

Versus

The Kolkata Municipal Corporation & Ors.

Mr. Siddhartha Banerjee Ms. Somali Mukhopadhyay ....

for petitioners Mr. Achintya Kumar Banerjee Mr. Mihir Kundu Ms. Indumouli Banerjee .... For KMC Mr. Banerjee, learned advocate appears on behalf of petitioners and submits, refusal to revalidate the building plan was based on pending court case between his clients and person claiming to be sub-tenant. That case has now been closed.

Mr. Banerjee, learned advocate appears on behalf of the Corporation and draws attention to rule 15(3) in Kolkata Municipal Corporation Building Rules, 2009. He submits, procedure is that a plan will be sanctioned, to have validity of five years and thereafter extension not exceeding 10 years from date of issue of building permit. The plan was sanctioned in year 2005. In the circumstances petitioners might submit fresh plan for sanction.

Petitioners are on notice of their next course of action. In event petitioners put in fresh application for sanction of plan, the Corporation will deal with it within two weeks from receipt of it. If sanction is not granted, reasons therefor must be made known to petitioners within that time.

With above directions the writ petition is disposed of.

(Arindam Sinha, J.)