Kolkata: Forcing a developer to erect a 10-foot-high view cutter and prohibiting windows, balconies, or openings facing the State Secretariat (Nabanna) are violations of constitutional rights and are contrary to mandatory building norms relating to light and ventilation, the Calcutta High Court held on Wednesday, directing municipal authorities to finalise a building plan sans these conditions.“Accepting the authorities’ contention that a 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. Violative of Articles 14, 19(1)(g) and 300A of the Constitution, these conditions cannot be sustained,” Justice Gaurang Kanth held, while quashing 3 of the conditions imposed by the municipality as a prelude to approving building sanction plans.The factual matrix of the case is that a G+4-storey building with a 15.5-metre height was proposed at 80/2, Kshetra Mohan Banerjee Lane, Shibpur, which is within 500 metres of Nabanna. The owner, Atin Kumar Bandopadhyay, and the developer, Ambe Engineering Private Limited, planned to demolish the old structure and build a new one. On Sept 24, 2024, they were granted nod for construction of a G+4-storey building of height 15.5 metres. However, 17 conditions were imposed.The developer’s counsel, Srijib Chakraborty, opposed 3 of the 17 conditions, which specified mandatory construction of a 10-foot-high “view cutter” around the roof, prohibiting windows or balconies facing the security zone, and requiring repeated character verification of occupants. It was also argued that the same conditions were not imposed on adjacent property.The police authorities’ counsel argued that security measures, such as installation of CCTVs, 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” by the Ministry of Home Affairs, Govt of India.
