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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Ashok Roy Chowdhury – Appellant
Versus
State of West Bengal – Respondent
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 other reliefs.
3. In course of hearing, a report as called for on an inspection conducted on 06.02.2025, in presence of a Sub Assistant Engineer and other municipality staff of Panihati Municipality, was placed before this Court.
4. The said report shows that the previous building plan sanction was numbered 321 dated 24.03.2021 for a G+3 storied building. The said report is as follows:-
“1. Previous Sanction building plan No-321 dated 24.03.2021 for (G+3) storied.
2. Existing road width 4180mm (av).
3. A 750 mm wide land gift
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.
Unauthorized construction cannot be regularized as a minor deviation under the Howrah Municipal Corporation Act, and must be demolished if not sanctioned.
The court established that unauthorized constructions in eco-sensitive areas cannot be regularized post facto, and the right to seek regularization is not available to those who violate planning laws....
Unauthorized constructions cannot be legalized if the necessary application procedures and building regulations are not followed, emphasizing the importance of legislative intent in such matters.
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