Kiran Raj

A recent judgment by the Calcutta High Court dismissed a criminal revision application in a case concerning unauthorized construction in Kolkata. The judgment, delivered on February 28, 2025, addressed allegations of illegal construction and examined violations of municipal regulations under the Kolkata Municipal Corporation Act, 1980.

The case involved unauthorized construction at Premises No. 105/1B, Atul Sur Road, Kolkata – 700 015. It was alleged that on or before January 6, 2016, the petitioners carried out construction activities without obtaining prior sanction from the Kolkata Municipal Corporation (KMC). The construction allegedly involved the addition of two extra floors over an existing two-story building. A written complaint was filed by an Assistant Engineer of KMC's Building Department, Borough VII, and reported to the Tangra Police Station. The complainant stated that the accused had undertaken additional construction without securing the required sanction from municipal authorities.

Following the complaint, an investigation was initiated, leading to the submission of a charge sheet against the accused under Section 401A of the Kolkata Municipal Corporation Act, 1980. According to the prosecution, the construction was carried out without a sanctioned plan, and statements from municipal officials and local residents indicated that the structure posed risks. The case proceeded before the Municipal Magistrate, 3rd Court, Kolkata, where the accused were convicted and sentenced to six months of simple imprisonment and fined Rs. 5,000 each. A default in payment would result in an additional one-month imprisonment.

Dissatisfied with the conviction, the accused filed an appeal before the City Sessions Court, Calcutta, under Criminal Appeal No. 18 of 2017. The appellate court dismissed the appeal on April 9, 2018, and the petitioners subsequently filed a criminal revision application before the Calcutta High Court, challenging the findings of both lower courts.

During the proceedings before the High Court, the petitioners' counsel argued that the prosecution had failed to establish beyond a reasonable doubt that the unauthorized construction posed a risk to human life, property, or public infrastructure. It was contended that the construction was carried out with necessary approvals and that the allegations were unfounded. The defense further submitted that no substantial evidence had been presented to demonstrate that the additional floors compromised the stability of the building. It was also stated that the landlord had constructed the building after obtaining a sanctioned plan, and the claim of additional floors being illegally constructed was denied.

The prosecution stated that the petitioners proceeded with the construction without obtaining prior approval from municipal authorities. It was submitted that two additional floors had been added to the existing building without the necessary permission from KMC. The municipal authorities contended that the construction made the building structurally unsafe.

The court observed that the prosecution had presented oral and documentary evidence, including testimonies of witnesses. It noted that “the petitioners failed to produce any contrary evidence or establish that the construction was in accordance with a sanctioned plan. They also did not call any defense witnesses to rebut the prosecution’s claims.” The judgment further stated that “constructing additional floors without approval violated statutory provisions and endangered public safety.”

The judgment referred to Section 401A of the Kolkata Municipal Corporation Act, which states: “Any person who constructs or attempts to construct or conspires to construct any new building or additional floor or floors of any building in contravention of the provisions of this Act shall be punishable with imprisonment of either description for a term which may extend to five years and also with a fine which may extend to fifty thousand rupees.”

The court noted that unauthorized construction in urban areas could lead to unsafe conditions. It stated: “It is definitely parlance of the people that in the city, general people construct building without sanction plan, which caused a serious endanger to the human life and safety.” The judgment also mentioned that “a strict scheme or act was enacted under Kolkata Municipal Corporation and Section 401A was introduced to stop illegal construction so that life of the human being could be saved.”

The High Court dismissed the criminal revision application and stated: “Accordingly, CRR 1801 of 2018 is dismissed. Both petitioners are directed to surrender before the Learned Trial Court for serving their remaining sentences within 30 days from the date of this order.” It also vacated any interim orders and directed the trial court to take necessary steps.

Case Title: Pravans Pratap Singh & Another v. The State of West Bengal & Another
Case Number: C.R.R. 1801 of 2018
Bench: Justice Ajay Kumar Gupta
Legal Provisions: Section 401A, Kolkata Municipal Corporation Act, 1980

[Read/Download order]