You have drawn attention to unauthorised construction being done
it is in public interest as there is danger to life of residents for unauthorised construction
verdict should not go against you
My ongoing hearing in Kolkata HC and Arguments from both sides
Dear Sir Last time I sought your advise on my advocate colliding with respondents who did not appear in my hearing resulting in case being dismissed by Default. As advised I appointed a new advocate well versed with Municipal laws. I am a resident of the same Borough & Police Station where this disputed building exists which is approx 80 Meter away from mine. Writ being that a 70 yrs old building which was sold by erstwhile owners in sale deed as G+4,19823 sq ft with an open to sky inner courtyard as open space in 2016. The new owner without applying for any sanction directly illegally constructed an additional floor of 3800 sq ft, increasing the height above 23 M,covered the inner courtyard into transport Godown approx 2500 sq ft. Installed a lift upto the G+5 & above without any license from Chief Electrical Inspector. There was a FIR lodged in the year 2017 by Assistant Engineer,Civil,Borough V KMC saying that the unauthorised constructions were done on a portion of 5th floor stating that it's a old building,which may collapse and risk human lives & property u/s 401a but never issued any Stop Work Notice & Another FIR against new owner for digging a lift well without KMC Sanctions on the ground floor.In 2018 a cosmetic demolition was also done by KMC in presence of Police officials for their records. New owner sold the entire 5th floor in 2018 giving full details of the floor by sale of agreement recieving full payment of 1.8 crores but was not mutated or registered. The Godown was also sold in the same year and was registered,mutated. The 5th floor was registered in 2022 40 months after making the full payment in 2018. One of the para in the misrepresented deed says that the new owner had applied for construction of addl storey which was granted by KMC the Competent Authority & hence he started,completed the 5th floor constructions.Enclosed a fake plan showing 10 office,area of construction which had no KMC stamp,Engineers Signature or even LBS or Architect Sign. The Registry was however done,Mutation also by KMC where they had shown demolition in 2018. During a heated argument in the HC yesterday the opposite advocates were only hell bent on my Locus standi & didn't wish to argument made by my advocate on FIR,Demolition,Illegal Structure without KMC sanction.KMC,State,Pvt Respondents advocate all were in a group to protect their interests. I heard the Judge also ask for Locus. The argument went on for almost 30 mins.Juatice then adjourned for the matter to be heard after vacation bench. I have a letter from Chief Electrical Inspector who says no license to install or work lift was granted to the said premises. Though many advocates including here has said earlier it's a case of merit. Pls let me know if locus can be one reason for the verdict to go against me. There have been laws,rules violated in huge number..Corruption seen,misrepresentation done in Sale deed to benefit super rich,influential people. Please advice. Rajnish
Asked 1 year ago in Property Law
Religion: Hindu
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11 Answers
The case before any court involves lot of issues including the facts on which the merit of the case deadens.
On the basis of a summary of what happened in the court and what according to you is the law may not be sufficient for me to advise.
If you wish then you have to produce the adpapers in connection with the case you are canvassing and then only further comment on a proper perspective can be given.
If you are satisfied with the present advocate and he is equally confident as well then you need for scour for further opinion on this.
I have all the deeds including the mother sale d
Asked 1 year ago
You have good case on merits
If you had filed a public interest litigation then there's no question of locus of the petitioner.
The opposite cannot raise the issue of locus and the court will also proceed in the direction of public issue and safety.
However you may wait for the court to consider your side arguments and pass an order on merits.
The documentary evidences are your strength to expose the alleged misdeeds and corrupt activities.
You may wait for the orders
I have all the deeds including the mother sale deed executed in 2016 which says it's a G+4 Building,list of tenants, constructed area, sketch showing Inner courtyard. All the deeds executed in 2016-17 shows the building as G+4 With 19823 sq ft. The ones which were registered in 2018 shows a 5th floor with 3573 sq ft area constructed. There are two deeds of one individual whose deed were regd in 2017 & another one in 2018. Both differs as one says it's G+4,other one says G+5 with no mention of how much area on the 5 th floor. Fake Plan enclosed for registry,mutation is already there in the deeds annexed. 2 FIR copies and letter from the Chief Electrical Inspector is there. The only problem is that despite asking for details of demolition in the said building through RTI Application to SPIO,1st Appellate Authority & SIC there was no reply from them. Hence demolition details not available which the KMC or State also didn't contest during the hearing. All they were hell bent were on asking my Locus. They know that they are caught on the wrong foot. Different judges has different opinions while delivering the verdict what i wanted to know is in case of verdict not in favour of me,do you think i am fighting on valid grounds to challenge it in the division bench onwards to SC. Rules,laws have been GangRaped, Murdered,Misrepresentation in sale deed,fake papers for gain all done. Will the justice not see from these aspects. Loss of Revenue to KMC exchequer by not getting fees,even the demolition fees was not paid by owners. Interestingly the owners,contractors are not contesting the case as the ones who bought the illegally constructed flat or godown are ones represented by top notch lawyers of fame in Calcutta HC. Can this also be a relief that owners who have no stake in the building anymore not representing the case with their advocates. KMC is not saying that they have not issued or issued valid sanction plans. They are hell bent on locus like the Pvt Respondents Adv.
Asked 1 year ago
Pictures of illegal construction,videos,Sale deeds,FIR copies,Letter from Chief Electrical Inspector for lift in my name are with me. I have complained to Fire & Essential Services who have done an inspection but are yet to issue owners a notice despite finding fire rules being violated. Entrance & Exit Gates have changed without KMC permission. Side Emergency gates have been covered and sold to another Logistic Supplier.No Water tank storage,no fire safety device,hydrants installed. Pls suggest if I should collect other information with various RTI applications to other dept which can help my cause. I am writing one to Registrar of Assurance to reply on Fake plan submitted & misrepresentation of Sanction plan from KMC mentioned in the Sale deed.Fire & Essential Services for inspection & KMC for demolition,mutation one more time to collect information only to see if they will reply or not. The KMC & State Advocates didn't even issue a word on the demolition shown done by KMC on the said floor. My counsel although kept arguing on demolition,FIR,Illegal Constructions without valid sanctions,Change in Deed contents. I am greatful to all the esteemed advocates here who are advising me on my writ petition and my course of action. I have few more cases like this hence next time should I file writ or PIL in CJs bench. Looking forward to your advise.
Asked 1 year ago
You can file appeal against order passed by HC in SC
2) if no action is being taken by municipal corporation inspite of complaints court can direct demolition of unauthorised construction
Your lawyer is doing a good job
court is bound to direct demolition f unauthorised construction
The KMC is the authority on this and it is they who have to file a petition before high court against the loss to the exchequer.
All the expenses towards demolition are to be recovered from the builder by the KMC and if they are not doing it due to political pressure, then you may have to file a PIL giving the details of the loss suffered by government due to this and also due to various other illegal and irregular activities.
If you are affected party to this event then you can ignore the question of locus and explain the court about the nature of harm or injury suffered by you which will clear the doubts about yor locus, if you have any
Since you have already filed the writ petition, you may attach the documentary proofs you possess as additional documents in additional type sets and request your advocate to present his arguments more strongly on the basis of This will be helpful to your case to establish your locus in the case.
You may discuss with your advocate at length and plan about filing the proposed new cases on this or any other subject.
Exactly what is your locus as a writ petitioner ?
What violation of your fundamental right guaranteed under the constitution has been committed against you due to the illegal construction and sale ?
You ought to have filed a PIL and not a WP
Request the court to concert your WP into a PIL and permit you to do the necessary amendments
Or else withdraw this WP with liberty to file a PIL on the subject matter
You must do the above in order to avoid the Court making a remark against you that you appear to be a busy body which will have a bearing on your other cases which you refer to
Dear Client,
You are among the people who fall under the class of persons living within the disputed area within 80 meters from the said area, it means there exists a probability that the outcome of the proceeding will affect you or your property or even your life hence making you a potential witness in the court proceeding. Laws include the MC Act concerning the building permissions and any disciplinary actions that in regard to constructions that has been done without permission and BNS concerning criminal trespass and creating jeopardy. Besides, if construction has impacts on the environment the Environment Protection Act may also be imposed.
Hence that is why in an effort to support the community’s perception of you as someone with authority, assemble all proofs and documents that are relevant to the unauthorized construction inclusive of FIRs letters to the municipal bodies. Cooperate with your advocate to put much weight behind your locus standi and to provide proof of infringements when in a hearing. Emphasize the fact that the agreement is fraudulent in the sale deed or in the clearances for construction especially the letter which shows that the Chief Electrical Inspector has indicated that no licence was given for the erection of the lift. If your interests are at large, public concern on aspects such as human rights and equity, you may decide to start a Public Interest Litigation (PIL) case. Seek KMC for clarification on the next processes of accountability of enforcement actions on unauthorized construction.
Hope you find this answer satisfactory.
