CALCUTTA MUNICIPAL CORPORATION & ANR. versus SRI ANIL RATAN BANERJEE AND ORS.

CALCUTTA MUNICIPAL CORPORATION & ANR. versus SRI ANIL RATAN BANERJEE AND ORS.

Permission for construction lapses if not commenced within two years as per Section 325 of Bengal Municipal Act, 1932. Deemed sanction under Section 319 does not operate when permission would be prohibited under governing rules. Respondents cannot claim continuation or renewal of lapsed permissions or commence construction after lapse without fresh permission compliant with current rules.

Parties
Appellant/petitioner: Calcutta Municipal Corporation; Respondents: Sri Anil Ratan Banerjee and Ors.
Jurisdiction
India
Judgment Date
26 October 1994
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed
Legal Topics
Construction Permit Lapse, Deemed Sanction, Renewal of Building Plan, Compliance With Building Rules
Municipal Law Building Regulations Administrative Law Construction Permit Lapse Deemed Sanction Renewal of Building Plan Compliance With Building Rules

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Parties

Calcutta Municipal Corporation

Appellant/petitioner

Sri Anil Ratan Banerjee and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether construction can be commenced after lapse of sanctioned building plan without fresh permission
  2. 2 Applicability of deemed sanction under Section 319 of Bengal Municipal Act, 1932 when prohibited by rules
  3. 3 Permissibility of renewal of building plan under Bengal Municipal Act, 1932

Ratio Decidendi

Permission for construction lapses if not commenced within two years as per Section 325 of Bengal Municipal Act, 1932. Deemed sanction under Section 319 does not operate when permission would be prohibited under governing rules. Respondents cannot claim continuation or renewal of lapsed permissions or commence construction after lapse without fresh permission compliant with current rules.

Court Disposition

Appeal allowed

Orders

  • Respondents allowed to retain ground floor construction and may construct two more floors, not to exceed eight meters, or nine meters at any rate.
  • Respondents may approach municipal authorities to seek further permission if road width exceeds 3.5 meters as per the rules now in force.