Unauthorized construction violating building regulations, non-compoundable violations, and jurisdiction of the Executive Officer and Deputy Commissioner.

JUDGMENT :

Heard Mr. S.P. Roy, the learned counsel appearing on behalf of the Petitioners and Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1 and 4. I have also heard Mr. S. P. Khound, the learned Standing Counsel appearing on behalf of the Respondent Nos. 2 and 3.

2. The instant writ petition has been filed by the Petitioner challenging the demolition notices dated 30.06.2021, 20.07.2021 and 18.08.2021 issued by the Executive Officer. Be that as it may, there is no relief specifically sought for against the notice dated 03.09.2021 whereby demolition orders were issued. However, taking into account the contents of the writ petition, this Court finds it pertinent to deal with the notices dated 03.09.2021 and its legality and validity.

3. The facts of the instant case are that the Petitioner No.1 is the owner of plots of land conjointly measuring 1 Bigha 2 katha 7 Lechas covered by Dag No.414, 403, 404 and 423 included in Patta No.152, 870, 396 and 96 respectively of village Town Nortom, Mouza-Sadar Town of Nagaon District. The Petitioner No.1 claims that he had formed a society under the Societies Registration Act, 1860 known as the Ramanujan Society of Education Social and Rural Development which have been registered bearing Registration No.RS/NG.254.F.47 of 2003-04. Subsequent thereto, the Petitioner No.1 also claims of leasing out the said land to the Petitioner No.2 vide a deed of lease bearing No. Deed No.509 dated 21.07.2009 and had also entered into an agreement for lease dated 06.05.2017. Thereupon, the Petitioner No.1 being the Secretary of the Petitioner No.2 obtained the building permission from the Nagaon Development Authority over the land measuring 2 Kathas 12 Lechas specifically stating that the house would be used for residential purpose. The said building permission was granted on 03.05.2010 and the same is enclosed as Annexure-2 to the writ petition. This Court finds it very pertinent to take note of that the land whereupon the Petitioner No.1 took permission for construction is covered by Dag No.404 of K.P. Patta No.396 of an area measuring 2 Kathas 12 Lechas. The Permission which was granted was for Ground Floor + 3 Floors. Each floor i.e. the first, second and third would be 3393 sq. ft. The said permission was granted by the Nagaon Development Authority.

4. Subsequent thereto, the Petitioner applied for permission from the Nagaon Municipal Board for construction of G+3 Floor over the land covered by Dag No.403 and included in Patta No.87. Annexure-3 is the said permission which shows that the Nagaon Municipal Board granted permission to the Petitioner No.1 for construction of a building for residential purpose on the land covered by Dag No.403 of Periodic Patta No.87. It is relevant to mention that the sanction was granted for ground floor measuring 725 sq. ft (only for parking), first floor 773 sq. ft, second floor 773 sq. ft and third floor 773 sq. ft.

5. The record further reveals that the Petitioner No.1 applied for another permission for construction from the Nagaon Municipal Board which was granted on 06.12.2019 and from the said permission which has been enclosed as Annexure-4, it reveals that the permission was granted for construction of a G+3 multistoried building for residential purpose upon the land covered by Dag No.413, 414 of Periodic Patta No.96, 152 near Natun Bazar Road. The ground floor area permitted 2000 sq. ft (parking); first floor, second floor and third floor of 2048 sq. ft. each. It is however pertinent herein to mention that from a perusal of the permissions enclosed as Annexure 3 and 4, it would be seen that the permission (Annexure-3) which was granted on 26.11.2014 was in Ward No.10 near J.S. Road whereas in respect of Annexure-4, it was Ward No.7, Natun Bazar Road.

6. Subsequent thereto, the Petitioner No.1 herein constructed two additional floors in respect to the building pertaining to Annexure-4 without obtaining any per