Back
IN THE HIGH COURT AT CALCUTTA
JOYMALYA BAGCHI, GAURANG KANTH
Bhabatosh Jha – Appellant
Versus
Bidhannagar Municipal Corporation – Respondent
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 petition
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....
A structure without a sanctioned plan is unauthorized, irrespective of its age; such constructions cannot gain legality from their longevity.
Sanction under the West Bengal Municipal Act requires strict compliance; deemed sanction cannot apply without a complete valid application.
Legal validity of municipal demolition order confirmed; deemed sanction requires strict procedural compliance.
Statutory provisions of the West Bengal Municipal Act, 1993 prevail over conflicting permissions from administrative schemes regarding construction.
Appellants cannot delay demolition of unauthorized construction when failing to comply with required legal processes for appeals.
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....
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
