Supreme Court · 2002 INSC 151 · Decided 19 March 2002

Hotel Sea Gull v. State of West Bengal and ORS.

Court
Supreme Court of India
Citation
2002 INSC 151 · [2002] 2 S.C.R. 576
Case number
CIVIL APPEAL No. 6898/1994
Decided
19 March 2002
Bench
V.N. KHARE, ASHOK BHAN, D.M. DHARMADHIKARI (3-judge bench)
Outcome
Dismissed
Case type
Civil

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 p/an­ Non-existence of-Held, Permission is required even when development plan has not come into operation. Section 51-Permissionfor development-Revocation and modification E of-Held, no duty is cast upon the owner to intimate the planning authority about the existence of

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