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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
GAURANG KANTH
Debasis Chakraborty – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
GAURANG KANTH, J.
1. The Petitioner has preferred the present writ petition assailing the order bearing No. BM/3381 dated 21.10.2024, passed by the Respondent Municipality, in relation to the premises being Holding No. 25/290, Ward No. 10, Plot No. 2799/3965, situated at Ratepara, Police Station Bongaon, District North 24 Parganas, PIN – 743235. By the said order, the Petitioner was directed to demolish the alleged unauthorised construction, failing
2. The brief facts leading to the present writ petition are as follows:
3. The Petitioner is the absolute owner of the land comprised in Holding No. 25/290, Plot No. 2799/3965, Khatian No. 13682, Mouza – Bongaon, Ratepara, Police Station Bongaon, District North 24 Parganas, PIN – 743235, which stands duly mutated in his name in the records of the Respondent Municipality.
4. In the year 1995, in accordance with the provisions of the West Bengal Municipal Act, 1993, the Petitioner applied for sanction of a building plan for construction of a two storied building over the said plot of land. The said building plan was sanctioned on 30.03.1995, and pursuant thereto, the Petitioner constructed the said two storied building, which was co
Construction without valid municipal sanction is illegal, and reliance on oral assurances does not legitimize unauthorized actions, emphasizing the necessity of strict adherence to statutory requirem....
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
Sanction under the West Bengal Municipal Act requires strict compliance; deemed sanction cannot apply without a complete valid application.
Legal validity of municipal demolition order confirmed; deemed sanction requires strict procedural compliance.
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....
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
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