Administrative authorities must distinguish between material and minor deviations when issuing stop-work notices. Judicial review allows for the setting aside of such orders when the construction is substantially compliant with sanctioned plans and addresses essential accessibility needs, despite minor dimensional discrepancies.

JUDGMENT :

RAJA BASU CHOWDHURY, J.

1. The present writ petition has been filed, inter alia, challenging the stop work notice dated 8^th July, 2025 issued by respondent no. 4 forming annexure P-15 to the instant writ petition whereby the installation of two several lifts at Purbachal Nabarun Co-operative Housing have been stalled.

2. The petitioners are residents and claim to be owners of various residential apartments within a housing cluster named Purbanchal Nabarun Housing Society. The petitioners claim to be facing challenges regarding the age related ailments and other mobility constraints. From the by-laws of the co-operative society and as jointly submitted by the learned advocates for the petitioners and the co-operative society, it would transpire that the co-operative society was formed and registered sometimes on 14^th April, 1983. Within co- operative society housing there are in all 11 towers comprising of straight, four storied buildings. Each of the towers have two flats on each floor. At the relevant point of time when the building was constructed no provision was made for construction of lifts. With the passage of time and the petitioners having suffered mobility issues, a decision was taken by the co-operative society to accord permission to the request made by the petitioners for installation of lifts on the terms and conditions appearing in the approval letter dated 16^th September, 2023. To morefully appreciate the same, the said letter is extracted hereinbelow:-

“To

Mr. Santosh Kumar Das

Convenor

Lift Committee

Purbachal Nabarun Co-Op. Hsg. Society Ltd.

Salt Lake, Kolkata-700097

Sub: Approval for installation of lift

Sir,

With reference to your letter dated 27.08.2023 the Board hereby accords its approval for installation of Lift in the building blocks on the basis of consent given by intending members. This approval of the Board is subject to strict compliance of the terms and conditions laid down herein.

TERMS & CONDITIONS:

1) Submission of the sanctioned plan and structural drawing prepared by a certified Architect of the Bidhannagar Municipal Corporation (BMC).

All expenses for the project installation, maintenance and protection of the machinery will be that of the Lift Committee/actual users. The Lift Committee must ensure that the actual users comply with the all requirements in this behalf. Purbachal Nabarun Co-Op.Housing Society Ltd. or its Board will have no say in the matter.

2) It must be strictly ensured that no structural damage is caused to the building blocks with annexation of the Lift, now or in future and if at all there is any such instance, the Lift Committee will be entirely responsible for due repair of the same and all expenses connected therewith. Such repairs should be immediate to protect the buildings.

3) All the utilities that are underground such as the sewerage line, water line, electricity ducts, telephone cables, pit-holes etc. should be duly protected with no disturbance to them.

4) Existing car or scooter parking or travelling paths/walking path must. not be blocked/damaged by the construction material. The existing gardens must not be destroyed by the construction material. All waste material, during the execution of the Lift Project, must be disposed off outside the boundary walls of Cluster-1. No ifts related ma