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Supreme Court of India · body

1997 DIGILAW 1753 (SC)

Calcutta Municipal Corporation v. Largus Fleming Pharmaceuticals

1997-11-28

A.S.ANAND, V.N.KHARE

body1997
ORDER : 1. We have heard learned counsel for the parties. The special leave petition is disposed of with the following directions : 2. That since the vires of Section 398-A of the Calcutta Municipal Corporation (Amendment) Act, 1989 have been upheld by this Court in State of West Bengal v. Terra Firma Investment and Trading Pvt. Ltd., (1995) 1 SCC 125 the petitioner-Calcutta Municipal Corporation shall regularise the construction already completed at the site as per the sanctioned plan. We find that occupancy certificate has also been given to the respondent since. In case there has been any deviation from the sanctioned plan, the same shall be compounded by the petitioner on payment of compensation fee as per the Rules. The respondent shall not raise any new/further construction or make structural alterations in the existing building, without obtaining sanction from the petitioner-Corporation in accordance with the new norms. This order is made in the peculiar facts and circumstances of the case and is not to be treated as the precedent. S. L. P. is disposed of. Order accordingly.