The main legal point established is the requirement for clinical establishments to comply with municipal laws and building regulations, as highlighted in the Building Rules and the 2017 Act.

JUDGMENT

Sabyasachi Bhattacharyya, J. - The present challenge has been taken out by a resident of a G+4 storied building at Municipal Holding No. 23/32, Jessore Road, Sidheswari Colony, Kolkata - 700 028.

2. Admittedly, the initial sanctioned plan of the building was revised, thereby earmarking the ground and first floors thereof for commercial purpose and the second, third and fourth floors for residential purpose.

3. The grievance of the petitioner is that the private respondent no. 13 is running a clinical establishment on the ground and first floors of the said building in gross violation of various provisions of law and as such, the licence of the said clinical establishment ought to be quashed and no further renewal of such licence should be granted.

4. It is also alleged that the respondent no. 13 encroached upon the residential second floor of the said building by opening an IVF unit in a portion of the said floor, although the said floor was designated for residential use as per the sanctioned plan.

5. It is argued on behalf of the petitioner that Rule 2A of the West Bengal Municipal (Building) Rules, 2007 (hereinafter referred to as "the Building Rules") provides for the classification of buildings, based on principal occupancy, in several categories.

6. Clause (a) of Rule 2A defines "residential building" as follows:

"(a) "Residential building" means, any building in which sleeping accommodation is provided for normal residential purpose as the principal use with cooking facility or dining facility or both; such building shall included one or two or multi-family dwellings, lodging, hostels, old age homes, dormitories, apartment houses and flats. In case of hostels or dormitories attached to educational institution there may or may not be any cooking facilities."

7. Clause (c) thereof defines "institutional building" as follows:

"(c) "Institutional building" means, any building or part thereof ordinarily providing sleeping accommodation for occupants and used for the purposes of medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants, convalescents or aged persons and for penal or correctional definition in which the liberty of the inmates is restricted; such buildings shall include hospitals, clinics, diagnostic centres, doctor's chamber, dispensaries, nursing homes, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories;"

8. Clause (e) of the said Rule defines "commercial building" in the following manner:-

"(e) "Commercial building" means, any building or part thereof used for transaction of business for keeping of accounts and records of or similar purposes; such buildings shall include offices, banks, professional establishments and court houses, for the principal function of transaction of public business and keeping of books and records, and shall also include office buildings (premises) solely or principally used as an office or for office purposes.

Explanation - (i) The expression "office purpose" shall include the purpose of administration and clerical work (including telephone/telegraph and computer operating), and

(ii) The expression "clerical work" shall include writing; book-keeping, sorting papers, typing duplicating; punching cards or tapes, machine calculating drawing of matter for publication, and editorial preparation of matter for publications."

9. It is argued that the ground and first floors of the building were converted to 'commercial building', which does not contemplate a hospital or clinical establishment.

10. Hospitals, clinics, diagnostic centres, doctor's chambers, dispensaries, nursing homes, sanatoria etc., are classified under the head "institutional building".

11. Since it is an admitted position that no part of the building-in-question was classified or converted to "institutional building", the entire clinical establishment is running illegally and the lic