Authority: Supreme Court of India

Order Date: 27-07-2026

Case Overview

  • Parties: petitioner Sankar Lal Singh vs respondents Kolkata Municipal Corporation (KMC) and others, including Kolkata Metropolitan Development Authority (KMDA) as respondent No. 8.
  • Nature of proceeding: Special Leave Petition (C) No. 27856/2025 arising from the impugned final judgment and order dated 07‑07‑2025 of the High Court at Kolkata (MAT No. 629/2025).
  • Background: The petitioner challenged the legality of the building permission granted to the commercial complex at Premises No. 258, Vivekananda Road, Ward 028, Borough IV, Kolkata‑700006, alleging violations of municipal regulations and potential adverse impact on the structural integrity of Bagmari Bridge.
  • Affidavit of KMC (Assistant Engineer – Civil, Building Department, Borough‑IV):
  • Permission was granted under Section 393A of the Kolkata Municipal Corporation Act, 1980 after thorough scrutiny of drawings, designs, structural documents and statutory requirements.
  • No fraudulent permission or improper relaxation was provided.
  • Average road width of access recorded by KMC Survey Department is 30.48 m (100 ft), satisfying all mandatory requirements of the KMC Building Rules.
  • Total Floor Area Ratio (FAR) sanctioned is 2.566, within permissible threshold for the zone; service road width is 6.5 m and total road width including service road and Bagmari Bridge is 30.48 m.
  • Building height and structural configuration are within limits of the Kolkata Municipal Building Rules, 2009.
  • Field‑level inspections were repeatedly carried out, including during the pendency of the High Court proceedings; complaints alleging violations were examined and found factually incorrect.
  • A comprehensive pressure‑bulb assessment for the proposed B+G+VI building was independently conducted by KMDA (Roads & Bridges Sector). The assessment concluded that pressure exerted on the bridge approach walls would be negligible and would not harm the bridge’s integrity or safety.
  • The construction is strictly in accordance with the sanctioned plan, the KMC Act, 1980 and the KMC Building Rules, 2009, and KMC is supervising the construction to prevent any future deviation.
  • Affidavit of Respondent No. 8 (KMDA):
  • KMDA conducted a thorough pressure‑bulb analysis for the proposed B+G+VI building.
  • The report dated 13‑12‑2024 (by EE/KCD/R & B/KMDA and AE/KCD/R & B/KMDA) indicated that pressure exerted on the bridge’s approach wall would be negligible, confirming minimal risk to bridge integrity.
  • True copies of reports dated 23‑07‑2024 and 13‑12‑2024 are annexed as Annexures R‑1 and R‑2.
  • Petitioner’s Counsel Submission: Counsel argued that the State Government has recently taken a policy decision to stop construction of all G+5 buildings in Kolkata, directing authorities to survey, audit and inspect such buildings before permitting further construction.
  • Court’s Observation: The Court refrained from commenting on the alleged policy. It noted that if such a policy exists, the relevant authorities must comply, but no further adjudication was required given the specific stance of KMC and KMDA.

Final Outcome

  • The Supreme Court disposed of the Special Leave Petition, effectively upholding the KMC’s affidavit and the legality of the building permission.
  • The petitioner was directed to approach the competent authority or any other appropriate forum for any further grievance.
  • All pending applications, if any, were also disposed of.

Topics: Legal; Construction Regulation