JUDGMENT :

Joymalya Bagchi, J. 

1. Appellant is aggrieved by the judgment and order dated 11.03.2024 whereby the Hon’ble Single Judge upheld the order passed by the Commissioner and directed the Commissioner to demolish portions of the building constructed beyond the sanctioned building plan.

2. Appellant is one of the flat owners in the building which is a G+5 structure. He made representation before the respondent-Bidhannagar Municipal Corporation alleging the car parking spaces had been converted into residential quarters by the office bearers of the owners’ association in violation of Section 267 of the West Bengal Municipal Corporation Act, 2006. It was also alleged unauthorised construction had been made without prior sanction plan.

3. The representation not being acted upon, appellant approached this court in WPA 20183 of 2022 and the matter was remanded to the respondent-Corporation for taking appropriate decision.

4. Pursuant to the order respondent no.3 i.e. Commissioner, Bidhannagar Municipal Corporation heard the appellant as well as the private respondents i.e. owners’ association and upon consideration of the inspection report passed the following order :-

“(i) The petitioner and respondent submitted building plans sanctioned by the Gopalpur-Arjunpur-III Gram Panchayat. The authenticity of both the plans cannot be ascertained as no record is available with us.

(ii) According to the building plan sanctioned on 28.04.93 submitted by the respondent, the building is VI storied structure as it exists.

(iii) During inspection it has been found that a toilet block exists at the back side beyond sanctioned building plan.

(iv) A small security gumty (1.4 x 1.4m) also exists beyond said sanctioned plan.

(v) It is also found that a cantilever of length about 1m is projected from 1^st floor at one side of the building.

Under the facts and circumstances, it appears that an unauthorised construction beyond the sanctioned building plan have been erected as per inspection conducted by the officials of this Corporation pertaining to the subject property.

It also appears that erection of structure without any sanctioned building plan and written order permission from the Corporation is a gross violation of the provision of the West Bengal Municipal Act 2006 as well as West Bengal Municipal Building Rules 2007.

In view of the above the undersigned directs the private respondents to demolish the unauthorised construction erected without any valid sanctioned building plan within 4 (four) weeks from the receipt of this order failing which this Corporation will be compelled to take appropriate steps without any further reference as per provisions of relevant rules and acts to demolish the unauthorised constructions and recover the expenses of such demolition from the private respondent as per provisions of West Bengal Municipal Corporation Act, 2006. ”

5. The aforesaid decision was assailed by the appellant as well as the private respondents. Both the writ petitions were disposed of by identical orders. While appellant has assailed the order passed in his writ petition, no appeal has been preferred by the private respondents with regard to the order passed on their writ petition.

6. Learned Advocate for the appellant submits a building plan permitting the G+4 structure had been sanctioned by the Gopalpur- Arjunpur-III Gram Panchayat. Spot inspection shows a G+5 structure had been constructed. However, the Commissioner merely noted that a toilet block on the backside, security gumti room and a cantilever projecting from the first floor at one side of the building were beyond sanctioned plan. No finding was also recorded with regard to the illegal conversion of the car parking spaces into residential flats.

7. On the other hand, learned Advocate for the Bidhannagar Municipal Corporation submits the Commissioner directed demolition of all unauthorised constructions beyond sanctioned plan.

8. Learned Advocate for the private respondent nos.7 & 8 submits the