Case Law Analysis
|Calcutta High Court
Section 400(8) Kolkata Municipal Corporation Act | Pending Appeal No Bar to Municipal Enforcement of Right to Light & Air : Calcutta HC
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.