#building regulations

The Kerala High Court has ruled that a Grama Panchayat cannot reject a building permit solely on the grounds that land is classified as 'plantation' if the application satisfies all other legal and zoning conditions. This reinforces that administrative decisions must be grounded in substantive compliance, not arbitrary land categorizations, affecting developers and local bodies across Kerala.

Calcutta HC rules that a municipal corporation cannot evade its statutory duty to remove illegal constructions obstructing a citizen's right to light and air merely because an appeal is pending without a stay. The court directed KMC to act within four weeks, reinforcing that administrative inaction violates fundamental property rights.

The Punjab & Haryana High Court dismissed a petition seeking reclassification of a hotel as a commercial building under the suspended 2025 Rules, ruling that completed constructions must adhere to the regulations under which they were approved. The court held that violations or prospective rule changes cannot retroactively benefit non-compliant buildings, reinforcing strict compliance in urban planning.

The Calcutta High Court ruled that reconstructing a building after fire damage exceeding 50% of its original volume constitutes a 'new building' under Section 287 of the West Bengal Municipal Corporation Act, 1993, requiring prior municipal sanction. The Court held that absence of such sanction renders the construction unauthorized, irrespective of historical possession or prior existence of the structure. This decision reinforces compliance obligations for property owners and municipal authorities in West Bengal.

Kerala High Court holds that writ jurisdiction cannot resolve factual disputes over property boundaries or unauthorized construction; petitioner must seek remedy in civil court.

Bombay High Court holds that unauthorized constructions cannot be protected by delay, administrative inaction, or investment costs. Strict compliance with building regulations is non-negotiable.