Supreme Court: In a civil appeal filed by the appellant (Tenant) to apply for regularisation of the premises under the provisions of the Kolkata Municipal Corporation (Regularisation of Building) Regulations, 2015, the division bench of Abhay S. Oka and Augustine George Masih, JJ. permitted the appellant to make an application for regularisation before the appropriate Authority of the Kolkata Municipal Corporation within a maximum period of one month from the date of this order.
The issue in this matter was whether a tenant is entitled to a notice of demolition under Section 400 of KMC Act, 1980 and whether he has a chance to apply for regularisation or file an appeal against demolition before the Statutory Appellate Tribunal.
The Court noted that in terms of the order of this Court, the appellant and the adult members of his family have given undertakings on oath that in the event the application for regularisation is rejected, they shall vacate the premises in their possession within a period of one week from the date on which the order of rejection is communicated to any adult member of the family of the appellant.
The Court permitted the appellant to make an application for regularisation before the appropriate Authority of the Kolkata Municipal Corporation within a maximum period of one month from the date of this order.
The Court directed that if such an application is made within a period of one month from the date of this order, the authority concerned should decide the same in accordance with law within a period of six weeks from the date of receipt of the said application. The order passed on the said application was directed to be communicated to the appellant or any adult member of the family of the appellant who has submitted undertakings to this Court.
The Court clarified that till the date of communication of the order on the regularisation application, the limited interim relief granted on 6-08-2024 will continue to operate.
The Court also said that if the application for regularisation is rejected, the limited interim relief granted by this Court will continue to operate for a period of one week from the date of communication of the order as aforesaid only to enable the appellant and his family members to vacate the premises subject-matter of this appeal in terms of the undertakings.
The Bench clarified that on the failure of the appellant to apply for regularisation within a period of one month from the date of this order, the interim relief granted by this Court vide order dated 6-08-2024 shall come to an end automatically.
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CASE DETAILS
| Citation: Civil Appeal No(s). 11111 of 2024 Appellants : Bijay Biswakarma Respondents : Rajkumari Devi Singh | Advocates who appeared in this case For Petitioner(s): Mr. Swarnendu Chatterjee, AOR Ms. Deepakshi Garg, Adv. Ms. Harshita Rawat, Adv. For Respondent(s): Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv. |
CORAM :
Abhay S. Oka, J.
Augustine George Masih, J.
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