My Kolkata building plan was sanctioned but the corporation says it is unsafe under the state municipal act, what can I do?
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Below is a comprehensive legal analysis based on Indian law for your question.
If your building plan was sanctioned in Kolkata but the corporation now says the building is unsafe, you can challenge the revocation before the Appellate Authority or by a writ in the Calcutta High Court under Article 226, citing West Bengal Premises Tenancy Act 1997. The corporation must give you a show-cause notice, an opportunity of hearing, and a reasoned order before revoking a sanctioned plan, and the Calcutta High Court has quashed revocations passed without following this procedure. You should obtain a structural stability certificate from a licensed structural engineer to rebut the corporation's allegation of unsafe construction. If the corporation proceeds to demolish without a hearing, a writ in the Calcutta High Court will secure a stay and a direction to follow the procedure under West Bengal Premises Tenancy Act 1997. Keep the sanctioned plan, the completion certificate, and the structural stability certificate, as they form the basis of your challenge to the revocation.
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