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2024 Supreme(Cal) 737

SAUGATA BHATTACHARYYA
Dilip Kumar Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sukumar Ghosh, Mr. Sandip Ghosh, Ms. Moumita Ghosh
For the Respondent: Mr. Ayan Banerjee, Ms. Debasree Dhamali, Ms. Riya Ghosh

JUDGMENT :

1. In the writ petition the order dated 31st January, 2014 is under challenge whereby the concerned authority of Bally Municipality passed an order based on the report of Municipal Engineering Directorate in connection with the construction made by private respondent no. 7 at 23/9, Hazra Para Lane, Bally, Howrah.

2. Learned advocate representing the petitioners submits that the grievance of the petitioners are two-fold, one is renovation of common passage and construction of drain which impacts the right of other occupants of the adjoining buildings on the said common passage as well as normal flow of sewage through the said drain and the second complaint centers around construction of G+2 storied building by the respondent no. 7 at the aforesaid holding number on obtaining sanctioned plan for constructing G+1 storied building. There are other deviations, according to the petitioners while making construction including converting chhaja (sunshade) at the east side of the 1st floor of the building into verandah. According to the petitioners, deviations made by the respondent no. 7 being person responsible, are required to be demolished since the order of regularization made

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