Saif Impex Pvt. Ltd. v. Kolkata Municipal Corporation

 

Saif Impex Pvt. Ltd. v. Kolkata Municipal Corporation

2014 SCC OnLine Cal 16044

This case is particularly important because it was expressly relied upon by Justice Shampa Sarkar in Bratati Bera.

The Court dealt with unauthorized construction allegedly made in deviation from the sanctioned plan while an application for a revised plan for regularising the construction was pending.

The Court directed the Municipal authority to proceed under the ordinary demolition provision rather than the emergency demolition provision and, significantly, directed the authority to first consider the revised plan and thereafter decide whether demolition was necessary, depending upon whether the construction could be retained under the Building Rules.

Thus, Saif Impex is particularly useful where the Municipality has proceeded straightaway towards demolition without first deciding the pending revised-plan application.