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SAUGATA BHATTACHARYYA
Dilip Kumar Ghosh – Appellant
Versus
State of West Bengal – Respondent
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
The main legal point established in the judgment is that the concerned authority of Bally Municipality is not empowered to regularize deviations made dehors the sanctioned plan under Section 218 of t....
The judgment establishes the principle that unauthorised constructions cannot be regularized under the amended provisions of the Acts. It emphasizes the need to prevent illegal and unauthorized const....
The court upheld the municipality's authority to regularize a revised building plan for a fourth floor, concluding the petitioner's challenge was unmaintainable due to lack of contest against the rev....
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