Partha Dey v. Kolkata Municipal Corporation & Ors.

 

Partha Dey v. Kolkata Municipal Corporation & Ors.

decided on 1 April 2011 — Calcutta High Court

This judgment is important because it provides the necessary limitation to the proposition.

The Court recognised Rule 26(2) of the Kolkata Municipal Corporation (Building) Rules, 2009, concerning deviations during execution of works. It noted that an external deviation which does not violate the Act or Building Rules may require submission of a revised plan for obtaining necessary sanction.

The Court further held that minor/unintentional deviations may, in appropriate circumstances, be regularised, including upon payment of a fine, where the mandatory requirements continue to be satisfied.

However, it cautioned that major deviations or violation of mandatory statutory requirements cannot be regularised merely by payment of money.