The Calcutta High Court, led by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, issued a crucial directive prohibiting the registration of buildings without approved plans. This decision was prompted by the collapse of an under-construction building in the Garden Reach locality, revealing its lack of a sanctioned plan. The court emphasised the necessity of adhering to sanctioned building plans to ensure structural integrity and safety. This ruling signifies a significant step towards regulating construction practices and preventing future mishaps in the region.
In a significant ruling, the Calcutta High Court has instructed the registrar of assurances to refrain from registering any property sale deed lacking the necessary sanctioned plan. This directive comes in the wake of a tragic incident where an under-construction building collapsed in the Garden Reach area, prompting the court to take action.
The court issued the order after noting that the collapsed building had been erected without an approved plan. It was revealed that the structure had been built on a longstanding waterbody, with land conversion authorised by the block land and revenue officer.
Furthermore, the court addressed compensation for the victims' families, instructing the state government to provide an additional Rs 3 lakh on top of the Rs 2 lakh already disbursed as ex gratia payment to each family. Additionally, an extra Rs 1 lakh was mandated for the injured, augmenting the initial Rs 50,000 provided.
The court also directed the petitioner to serve notice to the developer, currently held in Presidency Correctional Home, as well as to local councillor Shams Iqbal regarding the Garden Reach case. Expressing disbelief at the ignorance of elected representatives regarding unauthorised constructions, the Chief Justice remarked that those failing to oversee such developments were unfit for their positions.
In response to the Kolkata Municipal Corporation's (KMC) actions, the court criticised the lack of official and political will to enforce regulations on unauthorised constructions. Despite the KMC's move to solicit complaints from residents, the court expressed frustration over the failure to translate court orders into action.
Calcutta HC Chief Justice stressed the importance of empowering executive engineers to act decisively, urging authorities to support their efforts. He also highlighted the KMC's inability to regulate street vendors near its headquarters.
Ultimately, the court aligned with the state government's decision to increase compensation, citing amendments to the West Bengal Victim Compensation Scheme, which do not impose an upper limit on compensation amounts.
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