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 requirements.

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 completed in the year 1996.

5. Subsequently, after his retirement, the Petitioner, submitted a fresh application dated 29.03.2022 before the Respondent Municipality seeking sanction of a building plan for the construction of additional floors over the existing structure. The said application was filed in accordance with law along with all requisite documents. Upon enquiry regarding the status of the said application, the officials of the Respondent Municipality informed the Petitioner that the building plan had already been sanctioned through online mode, and accordingly, they returned all documents, including the application and the proposed plan, to the Petitioner.

6. In view thereof, the Petitioner commenced construction of the third and fourth floors over the existing two-storied structure.

7. Subsequently, upon receipt of certain complaints, the Respondent Municipality, vide letter dated 01.06.2022, directed the Petitioner to stop all construction work. The Petitioner duly complied with the said direction and halted construction. An inspection of the premises was thereafter conducted on 08.07.2022.

8. As no further steps were taken by the Respondent Municipality regarding the approval of the Petitioner’s pending building plan, the Petitioner submitted two representations dated 01.08.2022 and 02.01.2023, requesting necessary action.

9. After an inordinate delay of nearly eight months, the Respondent conducted another inspection of the premises. Thereafter, the Petitioner was served with a notice under Section 218 of the West Bengal Municipal Act, 1993 read with the West Bengal Municipal (Building) Rules, 2007, directing him to appear before the Board of Councillors of the Respondent Municipality on 25.04.2023. The Petitioner duly appeared on the said date and submitted his written statement. Upon conclusion of the hearing, the Respondent Municipality passed the impugned order vide Memo No. BM/3381 dated 21.10.2024, directing the Petitioner to demolish the alleged unauthorised construction at his own expense, failing which the Municipality would carry out the demolition at the Petitioner’s cost.

10. Being aggrieved by the arbitrary and illegal action of the Respondent Municipality and the impugned order dated 21.10.2024, the Petitioner has preferred the present writ petition before this Court seeking appropriate reliefs.

Submission on behalf of the Petitioner

11. Learned Counsel for the Petitioner submits that the building in question was initially constructed in the year 1996 strictly in accordance with the building plan duly sanctioned by the Respondent Municipality on 30.03.1995. The said construction comprised a two-storied residential building over the Petitioner’s plot of land and was completed in full conformity with the sanctioned plan and the pro