Ambee Engineering Pvt. Ltd. & Anr vs The Commissioner Of Police Kolkata & Ors on 11 March, 2026

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    Calcutta High Court (Appellete Side)

    Ambee Engineering Pvt. Ltd. & Anr vs The Commissioner Of Police Kolkata & Ors on 11 March, 2026

                     IN THE HIGH COURT AT CALCUTTA
                                                                                  2026:CHC-AS:389
                    CONSTITUTIONAL WRIT JURISDICTION
                             APPELLATE SIDE
    
                            RESERVED ON: 16.12.2025
                            DELIVERED ON: 11.03.2026
    
                                   PRESENT:
                    THE HON'BLE MR. JUSTICE GAURANG KANTH
    
                                  WPA 2445 OF 2025
    
                       AMBEE ENGINEERING PVT. LTD. & ANR.
                                   VERSUS
                    THE COMMISSIONER OF POLICE KOLKATA & ORS.
    
    
    Appearance: -
    
    Mr. Srijib Chakraborty, Adv.
    Mr. Sumitava Chakraborty, Adv.
    Mr. Snehasish Dey, Adv.
                                                          .....for the Petitioner
    
    Mr. Biswaroop Bhattacharya, Adv.
    Ms. Bratati Pramanick, Adv.
                                                  .....for the Respondent no. 11
    
    Mr. Sandipan Banerjee, Adv.
    Mr. Ankit Sureka, Adv.
                                                               .....for the HMC
    
    Mr. Santanu Kumar Mitra, Adv.
    Mr. Sirsanya Bandopadhyay, Adv.
    Mr. Rajat Dutta, Adv.
    Mr. Bishnupada Jana, Adv.
                                                               .....for the State
    
    
                                       WITH
                                  WPA 25157 OF 2024
                                   (C.A.N. 1 OF 2025)
    
                          ATIN KUMAR BANDOPADHYAY
                                   VERSUS
                     HOWRAH MUNICIPAL CORPORATION & ORS.
    
    Appearance: -
    
    Mr. Biswaroop Bhattacharya, Adv.
    Ms. Bratati Pramanick, Adv.
                                                        .....For the petitioner
                                              2
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    Mr. Sandipan Banerjee, Adv.
    Mr. Ankit Sureka, Adv.
                                                                    .....for the HMC
    Mr. Santanu Kumar Mitra, Adv.
    Mr. Sirsanya Bandopadhyay, Adv.
    Mr. Arka Kumar Nag, Adv.
    Mr. Amartya Pal, Adv.
                                                                   .....for the State
    
    
                                       JUDGMENT
    

    Gaurang Kanth, J. :-

    1. The core question in both the matters is whether the Respondent Municipal

    Corporation was justified in imposing certain conditions based on a

    purported security threat to the State Secretariat, Nabanna, a declared

    “security zone” under the notification dated 04.09.2019, while granting

    sanction for the construction of proposed G+4 residential building at

    Premises No. 80/2, Kshetra Mohan Banerjee Lane, P.S. Shibpur, Ward No.

    33, Howrah-711102.

    2. WPA 25157/2024 has been filed by the owner of the said premises,

    whereas WPA 2445/2025 has been filed by the Developer. In view of the

    common issue involved, this Court considers it appropriate to dispose of

    both the matters by this common judgment.

    3. The facts leading to the filing of the present writ Petitions are as follows.

    4. Mr. Atin Kumar Bandhopadhyay (Petitioner in WPA 25157/2024 and

    Respondent No. 11 in WPA 2445/2025) (hereinafter referred to as the

    ‘Petitioner Owner’) is the absolute owner of the properties comprised in

    Howrah Municipal Corporation Holding Nos. 78, 79/28, and 80/2, Kshetra

    Mohan Banerjee Lane, Post Office and Police Station Shibpur, Ward No. 33,

    District Howrah, PIN-711102. These holdings stood duly mutated in the

    name of the Petitioner Owner. Subsequently, the aforesaid holdings were
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    amalgamated in the records of the Respondent Municipal Corporation as

    Holding No. 80/2, Kshetra Mohan Banerjee Lane, P.O. and P.S. Shibpur,

    Ward No. 33, District Howrah, PIN-711102, measuring an area of 6

    Cottahs, 9 Chittacks, and 17 sq. ft., more or less, including the common

    passage.

    5. The Petitioner Owner entered into a Development Agreement and a

    Development Power of Attorney, both dated 22.07.2019, with M/s Ambe

    Engineering Pvt. Ltd. (hereinafter referred to as the ‘Petitioner Developer’)

    for the demolition of the existing old two storied structure and development

    of the premises by constructing a G+4 storied residential building having a

    proposed height of 15.49 metres.

    6. Pursuant to the Development Agreement and the Power of Attorney, the

    Petitioner Developer submitted the building plan on 27.02.2020 along with

    the requisite fees for sanction of the proposed G+4 residential building. The

    Petitioners also obtained a Fire Clearance Certificate dated 16.10.2020

    from the West Bengal Fire and Emergency Services and had earlier

    conducted a soil investigation in December 2019 for the proposed

    structure.

    7. The premises in question is situated within a 500 metre radial distance

    from the State Secretariat, Nabanna, which has been declared as a

    “Security Zone” by the Government of West Bengal vide notification dated

    04.09.2019 issued in exercise of powers under Sections 243 and 244 of the

    Howrah Municipal Corporation Act, 1980. Section 244 prohibits the

    sanction of any building exceeding 15.5 metres in height within a 500

    metre radius of such ‘Security zones’ from the standpoint of security.
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    8. Although the Petitioner Developer sought permission for a structure having

    a height of 15.49 metres, the Respondent No. 7 (Commissioner, Howrah

    Municipal Corporation) vide letter dated 13.10.2020 sought the views and

    observations of Respondent No. 2 (Commissioner of Police) regarding

    sanction of the building plan. In response, Respondent No. 3, vide

    communication dated 29.12.2020, raised two concerns: (i) demolition of the

    existing structure would generate severe pollution around Nabanna; and (ii)

    a large number of labourers required for demolition and construction could

    pose a security risk to the State Secretariat. Consequently, by letter dated

    23.08.2021, the Petitioners were called upon to explain how these concerns

    would be addressed.

    9. The Petitioner Developer, vide letter dated 23.08.2021, submitted its

    proposal outlining the measures intended to address and mitigate the

    concerns raised by Respondent No. 3.

    10. Despite receipt of the Petitioner Developer’s response, no further

    communication was issued by Respondent No. 2. Consequently, the

    Petitioner Developer, vide letters dated 19.01.2022 and 13.04.2022,

    requested Respondent No. 7 to issue the sanctioned building plan.

    Respondent No. 7 thereafter forwarded the said representations to

    SPONSORED

    Respondent No. 3 seeking its final opinion on the matter. However, no

    response have been received.

    11. In view of the prolonged inaction on the part of the Municipal Authorities,

    the Petitioner Developer filed WPA 29098/2024, which however came to be

    dismissed as withdrawn vide order dated 30.04.2024 owing to technical

    defects.

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    12. The Petitioner Owner filed W.P. No. 12094/2024 submitting that the

    existing structure was in a dilapidated condition and seeking permission to

    demolish the same. This Court, vide order dated 15.07.2024, allowed the

    said writ petition and directed that the demolition be carried out under the

    supervision of a Chartered Engineer. The dilapidated structure was

    accordingly demolished pursuant to this Court’s directions.

    13. Meanwhile, the Petitioners filed another writ petition being WPA 477/2024

    seeking a direction upon the Respondents to sanction the building plan.

    This Court, vide order dated 24.05.2024, directed Respondent No. 7 to

    consider the representation of the Developer and to pass a reasoned order

    after affording an opportunity of hearing to all concerned within 12 weeks.

    In compliance with the said directions, Respondent No. 7 heard all the

    parties, including the police authorities, and passed a speaking order dated

    24.09.2024 granting conditional permission for construction of a G+4

    storied building of height 15.49 metres. The Respondent No. 7 imposed 17

    conditions at the instance of Respondent No. 2 for execution of the

    construction. Aggrieved thereby, the Owner and the Developer have filed

    the present writ petitions.

    Submission on behalf of the Petitioners

    14. Mr. Srijib Chakraborty, learned counsel appearing for the Petitioner

    Developer, opened the submissions by contending that under the scheme

    of the Howrah Municipal Corporation Act, 1980, the exclusive statutory

    authority to sanction a building plan vests in Respondent No. 7, the

    Municipal Commissioner. The police authorities, including Respondent No.

    3, have no role assigned under the statute in the process of grant or refusal

    of building sanction.

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    15. Drawing the attention of the Court to Sections 243 and 244 of the Act,

    learned counsel submitted that once an area is declared a “Security Zone”,

    the only restriction statutorily contemplated is the prohibition or regulation

    of buildings exceeding 15.5 metres in height within a 500 metre radius of

    such strategic installations, from the standpoint of security. The State

    Government, by notification dated 04.09.2019, has already exercised this

    power. Consequently, Section 244 exhausts the field of security related

    restrictions, and no additional limitations are envisaged by the legislature.

    Despite this clear statutory framework, Respondent No. 7 unnecessarily

    and erroneously sought observations from Respondent No. 3, who has no

    statutory role whatsoever in the sanctioning process.

    16. Learned counsel placed reliance on the decision of this Court in

    Maniruddin Bepari v. Chairman of the Municipal Commissioners,

    Dacca, reported as 1935 ILR 295 Cal, and the judgment of the Hon’ble

    Supreme Court in State of Odisha v. Satish Kumar Ishwardas

    Gajbhiye, reported as (2021) 17 SCC 90, to submit that while a natural

    person may undertake all lawful acts unless prohibited by law, a statutory

    authority can act only within the four corners of the statute that creates it.

    In the present case, the Act confers no power upon the police authorities to

    influence or dictate the terms of building sanction. The conditions imposed

    by Respondent No. 7 at the instance of Respondent No. 3 are therefore

    ultra vires, arbitrary, and devoid of legal authority.

    17. Learned counsel further assailed specific conditions imposed under the

    impugned order, especially, Condition No. 4 mandating construction of a

    ten-foot-high “view cutter” around the roof, Condition No. 5 prohibiting

    windows or balconies facing the security zone, and Condition No. 16
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    requiring repeated character verification of occupants. It was submitted

    that these conditions are excessively restrictive, intrude into the peaceful

    enjoyment of property, and are wholly beyond the scope of statutory

    regulation. While granting building sanction, Respondent No. 7 is required

    to examine only compliance with statutory norms and is not empowered to

    impose additional constraints not contemplated by law.

    18. Learned counsel for the Petitioner Owner further submitted that the

    impugned order dated 24.09.2024, insofar as it incorporates conditions not

    traceable to the Howrah Municipal Corporation Act, 1980 or the applicable

    building rules, is manifestly arbitrary and unsustainable. Reliance was

    placed on Bishambhar Dayal Chandra Mohan v. State of U.P., reported

    as (1982) 1 SCC 39, to contend that executive or administrative

    instructions, including police inputs, cannot curtail lawful proprietary or

    developmental rights in the absence of express statutory sanction. Since

    the proposed construction of 15.49 metres admittedly conforms to Section

    244 of the Act and all applicable norms, the Respondent Corporation

    lacked authority to impose extra statutory, precautionary conditions based

    solely on perceived security concerns.

    19. It was further contended that the obligation of Respondent No. 3 is to

    ensure security and provide protection where threat perception exists, but

    such responsibility cannot be discharged by imposing restrictions upon

    adjacent landowners and thereby curtailing their right to use and enjoy

    their property in a lawful manner.

    20. Learned counsel also pointed out that several neighbouring premises,

    including Premises Nos. 81/2, 78+79/30, and 78+79/5 at Kshetra Mohan

    Banerjee Lane, all situated within approximately 100 metres of the
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    2026:CHC-AS:389
    Nabanna Security Zone, are multi-storied buildings having windows facing

    Nabanna. None of these premises are subject to view cutters or occupant

    verification requirements. The selective imposition of such conditions upon

    the Petitioners’ premises is therefore discriminatory and arbitrary.

    21. Reliance was also placed on the compliance report dated 17.02.2025 issued

    by the Respondent Corporation, wherein it was categorically admitted that

    Conditions Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16 and 17 have no

    statutory backing under the Howrah Municipal Corporation Act, 1980 or

    the KMC Building Rules, 2009, as amended. The report further clarified

    that the proposed height of 15.49 metres is in conformity with the

    Government Notification and that no fire clearance is required since the

    height does not exceed 15.5 metres, thereby establishing that the

    impugned conditions were imposed solely at the instance of Respondent

    No. 3 and not as statutory prerequisites.

    22. Mr. Bishwaroop Bhattacharya, learned Senior Counsel appearing for the

    Petitioner Owner, adopting the submissions advanced on behalf of the

    Developer, further submitted that under the guise of security concerns, the

    Respondents cannot curtail the Owner’s lawful right to enjoy and develop

    his property, and that no condition beyond the statutory restrictions

    contained in Sections 243 and 244 of the Act can be imposed.

    23. In view of the aforesaid submissions, learned counsel for the Petitioners

    prayed for interference with, and setting aside of, the non-statutory

    conditions imposed in the reasoned order dated 24.09.2024.

    Submission on behalf of Respondent Nos. 1-3 (Police Authorities)

    24. Per contra, Mr. Santanu Kumar Mitra, learned counsel appearing for

    Respondent Nos. 1 to 3, opposed the writ petitions and supported the
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    impugned order dated 24.09.2024. It is submitted that the subject

    premises are situated well within 500 metres of Nabanna, the State

    Secretariat, which has been notified as a “Security Zone” by the

    Government of West Bengal vide notification dated 04.09.2019 issued

    under Sections 243 and 244 of the Howrah Municipal Corporation Act,

    1980. Having regard to the strategic importance and heightened security

    sensitivity of the area, the police authorities were duty-bound to place their

    security assessment before the Municipal Commissioner to ensure that

    construction activity in the vicinity does not compromise the safety and

    security of the State Secretariat.

    25. Learned counsel submits that assessment of threat perception lies

    exclusively within the domain of the police and specialised intelligence

    agencies, who act on confidential and classified inputs which cannot be

    placed in the public domain. The conditions imposed under the impugned

    order represent a composite set of security recommendations evolved by

    expert agencies responsible for safeguarding Nabanna. Placing reliance on

    Gobind v. State of Madhya Pradesh, reported as (1975) 2 SCC 148, it is

    contended that individual rights, including property-related rights, may

    legitimately be subjected to reasonable restrictions in furtherance of

    compelling State interests such as public order and security.

    26. Learned counsel further submits that the security measures such as

    installation of CCTV cameras, erection of view cutters, regulation of

    windows and balconies, and verification of occupants are not arbitrary

    inventions but flow from established security protocols, including the

    “Yellow Book” issued by the Ministry of Home Affairs, Government of India.

    These guidelines, based on long-standing experience in VIP and strategic
    10
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    asset protection, constitute a recognised framework for mitigating

    surveillance and access-related risks. Reliance is placed on Om Prakash

    Soni v. State of Punjab, reported as 2022 SCC OnLine P&H 2028, to

    contend that administrative authorities are entitled to rely upon expert

    inputs and security advisories while discharging statutory functions

    impacting public safety.

    27. It is submitted that unless the prescribed security measures are enforced,

    the Nabanna Approach Ramp Road and sensitive areas of the Secretariat

    would remain susceptible to surveillance from the proposed G+4 building,

    posing a tangible risk to protectees commuting to and from Nabanna.

    Learned counsel submits that courts ought not to second-guess such

    security assessments, particularly when they emanate from expert

    agencies, a principle reiterated by the Hon’ble Supreme Court in Ramveer

    Upadhyay v. R.M. Srivastava, reported as (2015) 13 SCC 370.

    28. While Section 244 of the Act expressly regulates construction exceeding

    15.5 metres, learned counsel submits that the declaration of a Security

    Zone necessarily carries with it incidental and ancillary security-related

    controls. The police authorities, being statutorily entrusted with the

    protection of high-security installations, are competent to advise the

    Municipal Commissioner on matters incidental to building permission

    within such sensitive zones. In this regard, reliance is placed on Union of

    India v. Ranchi Municipal Corporation, reported as 2024 (1) High

    Court Cases (Jhar) 333, wherein it was held that municipal powers must

    be exercised in coordination with other statutory authorities when public

    safety and national security concerns are involved.
    11

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    29. Learned counsel submits that the Municipal Commissioner is empowered

    to impose reasonable conditions while granting building permission,

    particularly to prevent nuisance, obstruction, or danger to life and

    property. Such power has been recognised in Howrah Municipal

    Corporation v. Ganges Rope Co. Ltd., reported as (2004) 1 SCC 663,

    wherein the Supreme Court upheld the authority of municipal bodies to

    regulate construction in the interest of public safety and orderly urban

    governance. The impugned conditions are regulatory and precautionary in

    nature and are intended solely to prevent security breaches in the vicinity

    of Nabanna.

    30. It is further contended that conditions such as erection of a ten-foot-high

    view cutter, restrictions on openings facing the Security Zone, and

    mandatory verification of occupants are proportionate responses to

    legitimate security concerns relating to vantage visibility and access

    control. Placing reliance on Friends Colony Development Committee v.

    State of Orissa, reported as (2004) 8 SCC 733, learned counsel submits

    that planned development and regulatory oversight cannot be compromised

    on the ground of individual inconvenience, particularly where larger public

    interest is involved.

    31. Learned counsel further submits that the right to property or to raise

    construction is not absolute and is subject to reasonable restrictions in the

    interest of public order and security, as recognised under Articles 19(2) and

    19(5) of the Constitution. In Dharam Chand v. Chairman, NDMC,

    reported as (2015) 10 SCC 612, the Supreme Court held that private

    rights must yield to public interest where regulatory action is taken within

    the bounds of law to protect safety and civic order.

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    32. The contention of discrimination based on the existence of neighbouring

    buildings without similar restrictions is also refuted. Learned counsel

    submits that each construction proposal is assessed on its own facts,

    considering elevation, design, line of sight, and threat perception at the

    relevant time. The mere existence of older constructions cannot preclude

    authorities from imposing appropriate conditions on new developments,

    particularly in evolving security environments.

    33. It is lastly submitted that pursuant to the order of this Court dated

    24.05.2024, the Petitioners were afforded full opportunity of hearing, and

    the impugned order was passed after due consideration of all

    representations and security inputs. No arbitrariness, mala fides, or

    jurisdictional infirmity has been demonstrated so as to warrant

    interference under Articles 226 or 227 of the Constitution.

    34. In view of the aforesaid submissions, learned counsel for Respondent Nos.

    1 to 3 prays for dismissal of the writ petitions.

    Submissions on behalf of the Respondent Nos. 4-9 (Howrah Municipal
    Corporation -HMC)

    35. Mr. Sandipan Banerjee, learned counsel appearing for the Howrah

    Municipal Corporation (HMC), submits that the impugned order dated

    24.09.2024 was passed in due exercise of statutory powers under the

    Howrah Municipal Corporation Act, 1980 and the applicable building

    regulations.

    36. It is contended that the subject premises admittedly lie within a radius of

    500 metres from Nabanna, the State Secretariat, which has been notified

    as a “Security Zone” by Government Notification dated 04.09.2019 issued

    in exercise of powers under Sections 243 and 244 of the Act. Upon such
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    notification, the Corporation is mandatorily required to factor in security-

    related inputs furnished by the designated police authorities while

    considering applications for building permission.

    37. Learned counsel submits that the Municipal Commissioner is the

    competent statutory authority to grant building sanction and is empowered

    to impose reasonable and necessary conditions in the interest of public

    safety, security, and prevention of nuisance. The conditions incorporated in

    the impugned order were imposed only after receipt and consideration of

    the security-related observations and recommendations made by the police

    authorities entrusted with the security of Nabanna.

    38. It is further submitted that the Corporation does not independently assess

    threat perception and is entitled to rely upon the expert evaluation of the

    police and other specialised security agencies. The conditions requiring

    installation of CCTV cameras, erection of view cutters, regulation of

    windows and balconies facing the restricted zone, and verification of

    occupants are stated to be precautionary in nature, proportionate, and

    directly connected with preserving the sanctity and security of the notified

    Security Zone.

    39. Learned counsel submits that, pursuant to the order of this Court dated

    24.05.2024, the Petitioners were afforded a full and effective opportunity of

    hearing and that their objections were duly considered prior to passing of

    the impugned order. It is therefore contended that the order does not suffer

    from arbitrariness or violation of the principles of natural justice.

    40. However, learned counsel for HMC, with commendable fairness, admits

    that Conditions Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16 and 17 imposed

    under the impugned order do not have express statutory backing either
    14
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    under the Howrah Municipal Corporation Act, 1980 or under the Kolkata

    Municipal Corporation Building Rules, 2009, as amended from time to

    time. It is further admitted that the Respondent Corporation is also not in a

    position to ensure the compliance of the said conditions as same is beyond

    the scope of the Act and Rules framed thereunder. The proposed building

    height of 15.49 metres is in conformity with the Government Notification

    and that no fire safety clearance is statutorily required since the height

    does not exceed 15.5 metres. Learned counsel candidly acknowledges that

    the aforesaid conditions were imposed solely on the basis of the requisition

    made by Respondent No. 3 and do not constitute mandatory statutory

    prerequisites for grant of building sanction.

    Legal Analysis

    41. This Court has carefully considered the rival submissions advanced by

    learned counsel for the parties, perused the pleadings and materials on

    record, and examined the judicial precedents relied upon by both sides.

    42. It is not in dispute that the building plan submitted by the Petitioner

    Developer conforms to all statutory requirements prescribed under the

    Howrah Municipal Corporation Act, 1980 and the applicable Building

    Rules, and that the proposed construction, with a height of 15.49 metres,

    does not violate the statutory ceiling of 15.5 metres stipulated under

    Section 244 of the Act. The controversy in the present writ petitions is

    confined to the legality and permissibility of certain conditions incorporated

    in the reasoned order dated 24.09.2024.

    43. It is also undisputed that the premises in question fall within a 500 metre

    radius of Nabanna, the State Secretariat, which has been notified as a

    “Security Zone” by the Government of West Bengal vide notification dated
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    04.09.2019 issued under Sections 243 and 244 of the Act. The statutory

    consequence of such notification is clearly delineated by the legislature,

    namely, a prohibition or restriction on construction exceeding 15.5 metres

    within the notified radius from the standpoint of security.

    44. Considering the sensitive location of the premises, Respondent No. 7

    sought inputs from the police authorities, who, relying upon general

    security guidelines including the “Yellow Book” issued by the Ministry of

    Home Affairs, recommended a set of conditions to be incorporated in the

    building permission. The Respondents have placed reliance on several

    decisions, including Dharam Chand (supra), Friends Colony

    Development Committee (supra), Howrah Municipal Corporation v.

    Ganges Rope Co. Ltd. (supra), and Ramveer Upadhyay (supra), to

    contend that municipal authorities possess regulatory powers to impose

    reasonable conditions in public interest, and that individual rights may

    yield to considerations of safety, planning, and security.

    45. There can be no quarrel with the aforesaid propositions of law. The

    decisions relied upon by the Respondents unequivocally recognise that

    municipal authorities are entrusted with the responsibility of ensuring

    planned development, public safety, and orderly regulation of construction

    activity, and that courts ought to exercise restraint in matters involving

    technical or security assessments. However, these very judgments also

    underscore a critical limitation: such regulatory powers must be exercised

    strictly within the confines of the statute and cannot transgress into areas

    not sanctioned by law.

    46. Section 175 of the Howrah Municipal Corporation Act, 1980 empowers the

    Municipal Commissioner to sanction building plans that conform to
    16

    statutory norms and to impose conditions incidental to such sanction 2026:CHC-AS:389
    in

    matters concerning safety, planning, and regulatory compliance. However,

    as held in Howrah Municipal Corporation v. Ganges Rope Co. Ltd.

    (supra), municipal powers, though wide, are not untrammelled and must

    remain traceable to statutory authority. Executive discretion cannot be

    exercised in a manner that is arbitrary, disproportionate, or destructive of

    rights expressly protected by law.

    47. Significantly, none of the judgments relied upon by the Respondents

    authorise the imposition of conditions that are wholly alien to the statutory

    scheme governing building regulation. On the contrary, the law laid down

    in Bishambhar Dayal Chandra Mohan (supra), squarely governs the

    present issue. The Hon’ble Supreme Court therein held that executive or

    administrative action, howsoever well intentioned, cannot impose

    restrictions on lawful proprietary or developmental rights in the absence of

    express statutory sanction, and that perceived exigencies or administrative

    convenience cannot substitute legislative authority.

    48. In the present case, the Petitioners have confined their challenge to

    Condition Nos. 4, 5 and 16. The central question, therefore, is whether

    these conditions can be justified as reasonable, proportionate, and

    statutorily permissible restrictions under Sections 175, 243 and 244 of the

    Act, read with Articles 14, 19 and 300A of the Constitution.

    Condition Nos. 4 and 5

    49. Condition No. 4 mandates the construction of a ten-foot-high view cutter

    along the roof of the proposed building, while Condition No. 5 prohibits

    windows, balconies or open access facing the “prime scrutiny zone.” The
    17
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    avowed object of these conditions is to prevent visual access towards the

    notified security zone.

    50. A careful examination of the statutory framework reveals that neither

    Section 175 nor Sections 243 and 244 of the Act authorise the Municipal

    Commissioner to mandate permanent visual barriers or to prohibit basic

    architectural features such as windows and balconies in a building that

    otherwise conforms to statutory norms. Sections 243 and 244 are confined

    to height based restrictions in notified security zones; they do not

    contemplate interference with light, ventilation, or the fundamental design

    of residential structures.

    51. It is the specific stand of the respondent municipal Corporation that

    Conditions Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16 and 17 imposed under

    the impugned order do not have express statutory backing either under the

    Howrah Municipal Corporation Act, 1980 or under the Kolkata Municipal

    Corporation Building Rules, 2009, as amended from time to time. Further

    the Respondent Corporation is also not in a position to ensure the

    compliance of the said conditions as same is beyond the scope of the Act

    and Rules framed thereunder.

    52. On the contrary, the applicable Building Rules framed under the Act

    mandate that all habitable rooms must have adequate openings, windows,

    and ventilation. A blanket prohibition on windows or balconies and the

    imposition of a permanent ten-foot-high obstruction directly contradict

    these mandatory norms. Such conditions, therefore, are not merely

    regulatory but destructive of the statutory scheme itself.

    53. While the Respondents have rightly relied upon Friends Colony

    Development Committee (supra) to emphasise the importance of planned
    18

    development, that judgment does not sanction measures that render 2026:CHC-AS:389
    a

    residential building incompatible with basic habitability standards

    prescribed by law. Planned development cannot be achieved by negating

    the very building regulations enacted for public health and welfare.

    54. The right to property under Article 300A and the right to carry on lawful

    activity under Article 19(1)(g) permit regulation, but not annihilation, of

    rights. The doctrine of proportionality requires that restrictions must adopt

    the least intrusive means available. In the present case, less restrictive

    alternatives, such as enhanced surveillance, policing, or technical security

    measures, were available and are routinely employed in urban security

    contexts. The impugned conditions, by contrast, impose a permanent and

    excessive burden on lawful enjoyment of property.

    55. The Petitioners have also demonstrated that similarly situated buildings

    within the same 500 metre radius have not been subjected to comparable

    restrictions. The Respondents have failed to furnish any objective or

    rational basis for singling out the Petitioners’ premises. Such selective

    imposition falls foul of Article 14, which proscribes not only discrimination

    but also arbitrary and capricious exercise of power.

    56. Accepting the Respondents’ contention that mere line of sight constitutes a

    sufficient security threat would lead to untenable consequences, requiring

    wholesale obstruction of windows and balconies across vast urban areas

    surrounding strategic buildings, an outcome neither contemplated by the

    legislature nor supported by precedent.

    57. Accordingly, this Court holds that Condition Nos. 4 and 5 are ultra vires

    the Howrah Municipal Corporation Act, inconsistent with mandatory

    building norms, disproportionate to the stated objective, and violative of
    19
    2026:CHC-AS:389
    Articles 14, 19(1)(g) and 300A of the Constitution. These conditions cannot

    be sustained.

    Condition No. 16

    58. Condition No. 16 requires verification of the “character antecedents of all

    existing and future dwellers.” This condition, on its face, travels entirely

    beyond the domain of building regulation.

    59. The Act does not confer any power upon the Municipal Commissioner to

    insist upon police verification of residents as a precondition for building

    plan sanction. Building control laws regulate structures, not the identity or

    antecedents of occupants. Even the judgments relied upon by the

    Respondents, including Dharam Chand (supra) and Ramveer Upadhyay

    (supra), do not authorise such surveillance oriented conditions to be grafted

    onto building permissions.

    60. Even assuming that the premises falls within a 500 metre radius of a

    notified security zone, the duty to maintain vigilance rests with the security

    and law enforcement agencies in the ordinary course of their functions. The

    authorities are empowered to monitor or verify individuals in public

    interest whenever required under law, however, such routine policing

    activity cannot be converted into a precondition for an owner to obtain a

    lawful building plan approval. Nor can it be interpreted to suggest that the

    owner is required to disclose or furnish details of every dweller to any

    authority. Introducing such a condition would create an indirect system of

    compulsory police clearance for residence, something wholly alien to the

    governing statute.

    61. Moreover, mandatory and recurring verification of all occupants constitutes

    a serious and unjustified intrusion into personal liberty and privacy
    20
    2026:CHC-AS:389
    protected under Article 21, bears no rational nexus with the statutory

    purpose of building regulation, and is unguided by any legislative

    standards. It is arbitrary, disproportionate, and selectively imposed,

    thereby offending Article 14.

    62. In light of the above, Condition No. 16 is held to be ultra vires the Act,

    constitutionally impermissible, and unsustainable in law.

    63. Consequently, while this Court recognises the legitimacy of security

    concerns and the authority of municipal and police bodies to act in

    coordination within the bounds of law, it reiterates the settled principle laid

    down in Bishambhar Dayal Chandra Mohan (supra) that executive

    discretion cannot transgress statutory limits. The impugned order dated

    24.09.2024 is therefore liable to be interfered with to the extent indicated

    above.

    Conclusion

    64. Accordingly, this Court holds that permitting the Municipal Corporation to

    impose conditions which have no foundation in the governing statute, or

    which effectively impede lawful construction on the basis of speculative

    security apprehensions, would be manifestly inequitable and contrary to

    settled principles of constitutional and administrative law. The Howrah

    Municipal Corporation Act, 1980 does not contemplate such pre-emptive

    restrictions, and the fact that several similarly situated properties within

    the same notified radius have already been developed without comparable

    conditions reinforces the arbitrariness of the impugned action. Security

    concerns, though undoubtedly legitimate, are neither static nor incapable

    of being addressed through continuous vigilance, policing, and post

    construction regulatory oversight. To allow such concerns to operate as a
    21
    2026:CHC-AS:389
    threshold bar on otherwise permissible development would amount to an

    unjustified and disproportionate deprivation of the Petitioners’ property

    rights, offending Articles 14 and 300A of the Constitution. The impugned

    conditions, therefore, cannot be sustained and are liable to be set aside to

    the extent indicated.

    65. For the reasons discussed hereinabove, this Court is satisfied that

    Condition Nos. 4 and 5, which require the erection of a ten feet high view

    cutter and prohibit the provision of windows, balconies or openings facing

    the security zone, are unsupported by any statutory authority under the

    Howrah Municipal Corporation Act, 1980. These conditions are intrusive,

    disproportionate, contrary to mandatory building norms relating to light

    and ventilation, and amount to an arbitrary exercise of power, offending

    Articles 14 and 19(1)(g) of the Constitution.

    66. Similarly, Condition No. 16, which contemplates continuous character

    verification of every present and future dweller of the premises, is wholly

    foreign to the scheme of the Act. No provision of the statute empowers the

    Municipal Commissioner to impose pre-occupancy or ongoing police

    verification as a condition for sanctioning a building plan. The requirement

    is disproportionate, interferes with the privacy and liberty of residents, and

    lacks any rational nexus with the grant of a building permit. It is therefore

    unconstitutional and ultra vires.

    67. In the result, both the writ petitions are partly allowed. Condition Nos. 4, 5

    and 16 annexed to the building plan sanction are quashed and set aside as

    arbitrary, disproportionate, and without statutory foundation. The

    remaining conditions shall continue to operate.

    22

    2026:CHC-AS:389

    68. The Respondents are directed to process and finalise the Petitioners’

    building-plan sanction strictly in accordance with law and without insisting

    upon compliance with the quashed conditions. The application seeking

    sanction of the building plan shall be considered and disposed of within a

    period of twelve weeks from the date of service of a copy of this judgment.

    69. Pending applications, if any, stand disposed of.

    (Gaurang Kanth, J.)

    SAKIL AMED (P.A)



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