Case Law Analysis
|Calcutta High Court
Reconstruction Exceeding 50% of Structure Volume is 'New Building' Under Section 287 of West Bengal Municipal Corporation Act | Prior Sanction Mandatory : Calcutta High Court
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.