JUDGMENT :

SHAMPA DUTT (PAUL), J. 

1. The writ application has been preferred praying for direction upon the respondent no. 2 to set aside the impugned notice dated 06.01.2025 issued by respondent no. 2, vide memo no. 403/SMC/N/Bldg/2024-25.

2. Vide the impugned order dated 06.01.2025, the respondent no.2 herein passed the reasoned order in compliance of the High Court’s direction in WPA 2235 of 2023 dated 26.09.2024. The said order was passed on hearing the parties, which the parties attended.

3. The respondent no. 2 on considering the submission of the parties and on perusal of the materials on record, held as follows:-

“………….From the documents submitted by Sri Sanjoy Ghosh, it appears that there was an existing structure at the subject site. But Sri Sanjoy Ghosh could not produce any document i.e., building plan or any other permission with regard to the construction of the said structure.

After the said structure was gutted down by fire Sri Sanjoy Ghosh again tried to construct afresh another structure over the subject site. A complaint was lodged regarding such illegal construction. Accordingly, an inspection was caused. In the said inspection it was found that "A tin shed iron frame structure (area- 55.06sq.m) & iron frame structure (area-24.185sq.m), total area: 79.245sq.m has been constructed in the premises of Ashoka Hotel. During enquiry, Sanjoy Ghosh was asked to produce the sanctioned building plan, land deed for raising such construction, but he failed to produce such documents.

Such action of Sanjoy Ghosh was brought to the notice of Hon'ble High Court by way of a Writ Petition being W.P.A. No. 1136 of 2023 filed by Krishna Devi.

The said writ petition was disposed of by the Hon'ble High Court by an order dated 06.06.2023 thereby directing the Municipal Corporation conclude the proceedings under Section 287 in accordance with law and pass a reasoned order.

Pursuant to the order dated 06.06.2023 passed by Hon'ble High Court in connection with WPA No. 1136 of 2023, one opportunity of hearing in terms of Section 287 of The West Bengal Municipal Corporation Act, 2006 was afforded to the concerned parties on 19.07.2023 and accordingly Sri Sanjoy Ghosh was directed to dismantle/remove the unauthorized tin shaded iron frame structure measuring 79.245 Sq.m. from the premises in question since Sri Sanjay Ghosh failed to produce any prior permission and/or sanction from the Corporation for construction of tin shed structure at that time.

The concerned office of the Corporation i.e., the building cell, verified from its records and ascertained that there was no building plan sanctioned for the construction that existed at the subject site prior to the same being gutted down by fire. Sanjay Ghosh also could neither produce any permission either for the previous structure which was gutted in fire nor for the present construction.

Since there was no existing plan as such no permission need to be granted to the applicant for reconstructing the subject structure. The present structure is a fresh construction which is being erected without any sanction from the Corporation. There is no scope for regularization of the same under the West Bengal Municipal Corporation Act, 2006.

Sub Rule 1 of Rule 11 of The West Bengal Municipal (Building) Rules, 2007 read with Section 266 of West Bengal Municipal Corporation Act, 2006 is apposite in the present facts and circumstances of the case which postulates that prior permission/sanction is required for raising any construction.

Hence, it is

ORDERED

that as per the provisions laid down under Sub Rule 1 of Rule 11 of The West Bengal Municipal (Building) Rules, 2007 read with Section 266 and 287 of West Bengal Municipal Corporation Act, 2006, the opposite party namely Sri Sanjay Ghosh is hereby directed to dismantle/remove the said unauthorized tin shaded structure on the premises in question, on or before 31/1/2025 at his own cost, failing which Siliguri Municipal Corporation will demolish/remove the said un