Back
IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Ashok Roy Chowdhury – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petition challenges regularization of illegal construction. (Para 1 , 2 , 3 , 4) |
| 2. private respondents argue legality of construction. (Para 6 , 10 , 11 , 12) |
| 3. petition claims unauthorized construction based on prior approval. (Para 7 , 8 , 9 , 13 , 15 , 16) |
| 4. discussion of permitting construction under municipal regulations. (Para 14 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. writ petition deemed without merit and dismissed. (Para 31) |
| 6. finalization of the court’s disposition and directions. (Para 32 , 33 , 34) |
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred challenging the regularization of alleged illegal construction, by the Panihati Municipality, on the basis of an impugned reasoned order vide memo no. PM/LC/2022-23/25/1 dated 14.03.2023 and order dated 13.03.2023, issued by the municipality, vide which the municipality has regularized the illegal 4th floor construction and deviation in the entire building.
2. The petitioner has further prayed for demolition of the illegal construction beyond the G+3 and prayed that constructions should be made only in accordance with rule 50 (2) (a) of the West Bengal Municipality (Building) Rules, 2007 and
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....
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....
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
The judgment underscores the importance of adhering to local building regulations and the authority of local bodies to enforce compliance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
