Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Development : West Bengal Town and Country (Planning and Development) Act 1979: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Urban Development : West Bengal Town and Country (Planning and Development) Act, 1979: Section 46-Permission for development-Construction of second floor over existing building-Held: Such construction amount to "building operations" and thus "development"-Hence, permission is clearly required for development of the existing building. Section 46(3)(i)(b)-Permission for development-Development plan-Non-existence of-Held, Permission is required even when development plan has not come into operation. Section 51-Permission for development-Revocation and modification of-Held, no duty is cast upon the owner to intimate the planning authority about the existence of his planning permission-It is the duty of the planning authority to issue notice to the owner before revoking or modifying the planning permission already in existence. Section 51 (2)-Compensation-Payment of-Held, Planning Authority is not liable to pay compensation for demolition of unauthorised construction. Section 137(2)-Overriding effect of-Sanction for development-Obtained under some other law-Validity of-Held, fresh approval under S.46(1) is required to be taken-Earlier sanction is not valid. Section 51 and 137(2)-Scope and ambit of-Held, there is no conflict between Ss. 51 and 137(2)-They operate in two separate fields without interfering with each other. Words & Phrases: "Building operations"-Meaning of-In the context of S.2(3) of the West Bengal Town and Country (Planning and Development) Act, 1979. "Development"-Meaning of-ln the context of S.2(7) of the West Bengal Town and Country (Planning and Development) Act, 1979. "Expedient"-Meaning of-In the context S.51(1) of the West Bengal Town and Country (Planning and Development) Act, 1979.The appellant-Hotel was sanctioned a plan by the Gram Panchayat to construct 5 storeys (Ground floor+ 4 floors). Pursuant to the said plan the hotel comprising of the ground floor and first floor was constructed. Subsequently, the appellant started construction of the second floor on the existing hotel building. Respondent No.2 issued notices under Sections 53(1) and 54 of the West Bengal Town and Country (Planning and Development) Act, 1979 requiring the appellant to demolish the construction of the second floor on the ground that permission for development under Section 46(1) of the Act was not obtained by the appellant. The appellant filed a writ petition before the High Court challenging the aforesaid notices. The High Court considered two points, namely, whether the permission under Section 46 of the Act was required for development of the existing building or for development of vacant land only; and whether permission for development under Section 46 of the Act was required even in the absence of the development plan. The High Court decided both the points against the appellant and dismissed the writ petition. Hence this appeal.On behalf of the appellant it was contended that Section 46 of the Act provided for planning permission being obtained only to new constructions to be made on vacant plots or additions or alterations to be made to the existing buildings where no planning permission had already been obtained; that Section 46(1) had no application whatsoever to cases where planning permissions had already been obtained prior to the new law coming into force; that it was the duty of the planning authority to ascertain and take steps by issuing a notice to the owner before revoking or modifying the planning permission already in existence; and that the planning authority was liable to pay compensation to the appellant under Section 56(2) for demolishing the construction of the second floor. On behalf of the respondents it was contended that raising a further construction over the existing first floor of the Hotel building amounted to building operations under Section 2(3) and thus development under Section 2(7) and, therefore, permission under Section 46(1) was required for construction of the second floor; that Section 137(2)(b) had an overriding effect and, therefore, permission obtained from the Gram Panchayat was invalid and of no avail. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2002 INSC 151 |
Petitioner | Hotel Sea Gull |
Respondent | State Of West Bengal And Ors. |
SCR | [2002] 2 S.C.R. 576 |
Judgement Date | 2002-03-19 |
Case Number | 6898 |
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