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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Manasi Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. The petitioner alleges that the private respondent who is the adjoining land owner has raised an illegal construction by encroaching upon the property of the petitioner. The petitioner filed a suit being T.S. No. 171 of 2017 before the learned Civil Judge, (Junior Division), 2nd Court at Burdwan for a decree for permanent injunction restraining the defendant and their men and agents from interfering with the peaceful right, title, interest and possession of the plaintiff that is the petitioner herein in respect of the A and A-1 Schedule property upon declaration of the plaintiffs/petitioner’s title thereto. The petitioner in the said suit also prayed for a decree for declaration to the effect that A-1 Schedule property is the part and parcel of the A Schedule property and for a further declaration that A-1 Schedule property does not pertain to the B Schedule property.
2. It is not in dispute that the learned Civil Judge, (Junior Division), 2nd Court at Burdwan by an order being order no. 15 dated 08.01.2018 directed both the parties to maintain status quo as regards nature, character and possession over A-1 Schedule property in the light of the
Civil Law - Unauthorized construction - Jurisdiction of Court - Empowering courts to summarily dismiss a suit - When court had no jurisdiction to try case, ad-interim injunction cannot be granted.
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....
Petitioners cannot invoke Article 226 for unauthorized construction disputes when no legitimate rights are affected; civil remedies suffice.
Unauthorized constructions cannot be protected by injunctions, as they undermine statutory duties of municipal authorities.
In a suit for injunction alleging illegal construction, the Court must consider all relevant evidence, including the building plan sanctioned by the Municipal Authority, and implead the Municipal Aut....
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