IMPORTANT POINT
The judgment underscores the importance of adhering to local building regulations and the authority of local bodies to enforce compliance.

JUDGMENT :

Partha Sarathi Sen, J.

1. In this writ petition the writ petitioner has prayed for issuance of a writ of mandamus upon the respondents to take steps for cancellation of the sanctioned building plan as granted in favour of the private respondent no.11 and to demolish the construction of the private respondents at plot no.342, JL no.79, Mauja Jalaghata, Block and P.S Singur, District Hooghly.

2. It is the case of the writ petitioner that the private respondents more specifically respondents nos.10 and 11 are the owners of an adjacent land of the property of the writ petitioner particulars of which is given in paragraph 2 of the writ petition. It has been alleged in the writ petition that the private respondent nos.10 and 11 started illegal construction over such adjacent plot of land violating the provisions of West Bengal Panchayat Act, 1973 (hereinafter referred to as the said ‘Act’) and also the provisions of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 (hereinafter referred to as the said ‘Rules’).

3. It is the further grievance of the writ petitioner that the writ petitioner has started using the said building for commercial exploitation by setting up a diagnostic centre for which the writ petitioner filed WP no.14269 (W) of 2013 praying for issuing of appropriate writ prohibiting the private respondents to carry on the said business in the locality. It is the further grievance of the petitioner that it has been noticed that the private respondent nos.10 and 11 have constructed their building without leaving the statutory side space and further the floor area ratio of the said building has not been maintained.

4. In course of his submission Mr. Banerjee, learned advocate for the writ petitioner at the very outset draws attention of this Court to page nos. 20 and 31 of the writ petition. It is submitted that from the said two piece of papers it would reveal that the illegal activities of the respondent nos. 10 and 11 were brought to the notice of the respondent no.5 i.e. the Pradhan, Singur Gram Panchayat I, but in vain.

5. Mr. Banerjee, in course of his submission further draws attention of this court to Rule 27 and Rule 31 of the said Rules. It is submitted by Mr. Banerjee, learned advocate for the writ petitioner that Rule 31 of the said Rules postulates that a Gram Panchayat shall not grant permission for construction of a building for commercial purpose on a road or on an approach passage having width less than 5 meters (equivalent to 16.40 ft approximately). It is further submitted that Rule 27(1-A) of the said Rules further postulates that prior to according permission for construction of a new structure of height of more than 6.5 meters (21.32 ft approximately) a Gram Panchayat is under an obligation to get the building plan vetted by the Panchayat Samity or by the Zila Parisad having jurisdiction.

6. At this juncture Mr. Banerjee, learned advocate for the writ petitioner draws attention of this Court to Annexure R7 at page no.18 of the affidavit-in-opposition as filed by the respondents which is a photo copy of the sanctioned plan dated 16.12.2009 of a commercial cum residential four storied building belonging to the private respondent nos.10 and 11. It is submitted that from the said plan it would reveal that such sanction of the building in question of the respondent nos.10 and 11 was granted which is situated on a 6 ft width common passage which is much less than 5 meters (16.40 ft approximately). It is thus submitted that from the said document it would reveal that the provision of Rule 31 of the said Rules has been violated by the private respondent nos.10 and 11 in connivance with respondent no.5 i.e. Pradhan, Singur Gram Panchayat I.

7. Mr. Banerjee, learned advocate for the writ petitioner further draws attention of this Court to page nos.18, 19 and 20 of the affidavit-in-opposition being the successive revised sanctioned plans dated 16.12.2009, 23.05.2011 and 05.12.2023. It is s