Calcutta HC doubles fine on building promoter for failing to pay cost imposed in time

Kolkata: The Calcutta High Court on Wednesday doubled a fine of Rs one lakh to Rs two lakh on a promoter for failing to pay the cost imposed on him for constructing an unauthorised three-storeyed building in Kolkata.

The court had on March 12 dismissed a writ petition by the building promoter seeking regularisation of the three-storeyed house at Nandibagan area in 106 ward in south Kolkata, which was built in an unauthorised manner.

Noting that the petitioner had been directed to pay the cost of Rs one lakh imposed on him by March 18 and had not done so claiming that he had moved the division bench of the court appealing against her order, Justice Amrita Sinha said that she was going to increase the cost imposed since there was no stay on her previous order by the division bench.

Justice Sinha increased the cost imposed on the petitioner from Rs one lakh to Rs two lakh and directed that it be paid by March 22.

"The persons involved in unauthorised constructions should be given a good lesson so that these can be curbed," she said.

Justice Sinha said that the court does not see any reason for extending the time period for payment of the cost as was prayed for by the petitioner, which was to be done by March 18.

The court said that in the event the order for payment of increased cost is not paid within the stipulated time, it can be enhanced further.

The KMC's counsel had on March 12 submitted before the court that the petitioner had been given notice to stop further construction of the building as it was being done without any sanction.

The petitioner builder had then approached the Kolkata Municipal Corporation (KMC) seeking regularisation of the building on payment of requisite fees.

Justice Sinha had in her March 12 order observed that the commissioner of KMC should issue proper advisory to engineers of all the boroughs of the corporation so that regular vigil is maintained to identify any new construction that is being made.

"If it is found that the said construction is without sanction, then immediate action should be taken to deal with the same in accordance with law," the court had directed.