Calcutta High Court Rules Against Regularization of Unauthorized Construction in Howrah
Buyers can’t regularise illegal construction merely because they invested in it: HC
Image: The Times Of India
The Calcutta High Court upheld the demolition of an unauthorized fourth floor in a Howrah building, stating that flat buyers cannot claim regularization based solely on their investment. The court emphasized the lack of authorization for the construction and the absence of procedural violations by the municipal corporation.
- 01The Calcutta High Court ruled that unauthorized constructions cannot be regularized based on investments made by buyers.
- 02The Howrah Municipal Corporation had notified landowners about the unauthorized structure before the demolition.
- 03The court found no evidence to suggest that the top floor was authorized, dismissing the flat owners' claims.
- 04The court stated that the principle of natural justice does not always require a hearing before demolition decisions.
- 05The developer has been ordered to arrange alternative accommodation for the affected flat owners.
Advertisement
In-Article Ad
On Sunday, the Calcutta High Court upheld the demolition of a fourth floor in a building under the Howrah Municipal Corporation, ruling that flat buyers cannot claim regularization of unauthorized construction merely based on their investments. The decision came after owners of a flat on the unauthorized floor contested the demolition, arguing they had not been given a hearing or notice. The court clarified that the lack of authorization for the top floor was evident and that the owners needed to demonstrate how they were prejudiced by the lack of a hearing. The Howrah Municipal Corporation had previously evaluated the structure and confirmed it was unauthorized. The court directed the developer to provide alternative accommodation for the flat owners affected by the demolition, reinforcing the legal stance that investment does not equate to legitimacy in construction.
Advertisement
In-Article Ad
The ruling affects property buyers in Howrah, emphasizing the risks of investing in unauthorized constructions.
Advertisement
In-Article Ad
Reader Poll
Do you think investments should allow for the regularization of unauthorized constructions?
Connecting to poll...
Read the original article
Visit the source for the complete story.