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 revised plan.

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 permitted for widening of road width at the time of sanction.

Observation :-

1. Existing building status (G+4) storied, after demolition of one floor of (G+5) storied.

2. One septic tank construction in front of building which situated in land gift portion.

3. 750 mm land gift not found now.”

5. Affidavits are on record. Parties have filed several judgments in support of their case along with written notes in course of hearing.

6. Report in the form of affidavit has been filed on behalf of Panihati Municipality. It has been stated therein that the order of regularization as per revised sanction building plan in respect of 4^th floor construction is pending.

7. An exception has been filed on behalf of respondent nos. 16 and 18 to the said report. It is the contention of the said private respondents that the petitioner has filed the writ application on a mis-conceived notion that, it is a case of regularization and the petitioner has prayed for setting aside of the said order regularizing the illegal 4^th floor construction and deviation in the entire building.

8. It is the case of the private respondents that the 4^th floor and other improvements were not by way of regularization but was done on the basis of a revised building plan.

9. It is further stated that there has been no challenge to the said revised building plan and as there is no such case in the writ application, the writ application is liable to be dismissed.

10. It is the specific case of the private respondents that the building, G4 standing on premises No. 86, School Road, Ward No. 17, within Panihati Municipality, is neither unauthorized nor illegal and has been constructed in terms of the sanctioned building plan dated 24.03.2021 and Revised Building Plan which was submitted on 31.01.2022.

11. It is further stated that the petitioner has obtained one structural stability certificate of the said building from Mr. Reetabrata Ghosh, a certified Charted Engineer, B. Tech Civil, AMIE, empanelled structural engineer Howrah, Bally and Baranagar Municipality. In terms of the said detailed report submitted by the Mr. Reetabrata Ghosh, the chartered engineer, the building is structurally stable.

12. It is stated by the private respondents that they and the other flat owners should not be ma