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CALCUTTA HIGH COURT
GAURANG KANTH, J
MD. SALIM ANSARI & ANR. – Appellant
Versus
THE KAMARHATI MUNICIPALITY & ORS. – Respondent
| Table of Content |
|---|
| 1. summarizes the background of the petitioners' situation regarding building plan cancellation. (Para 2 , 4) |
| 2. discusses both parties' arguments regarding jurisdiction and procedural adherence. (Para 3 , 5 , 6) |
| 3. court's assessment of the illegitimate nature of the cancellation order. (Para 8 , 9 , 10) |
| 4. establishes legal protocols for actions with civil consequences. (Para 11) |
| 5. final decision regarding the quashing of the impugned order. (Para 12 , 14) |
..…………for Kamarhati municipality JUDGMENT Gaurang Kanth, J. :-
1. Affidavit-of-service is taken on record.
2. The petitioners have preferred the present writ petition being aggrieved by the impugned order dated 15.05.2024 issued by the Chairman of the respondent- Kamarhati Municipality, whereby it was informed to the petitioners that the Board of Councillors in its meeting dated 31.07.2023, had passed a resolution to cancel the building plan sanctioned under the “Housing For All” Scheme in respect of premises no. 18/A, Rojan Bagan, Kamarhati, on the ground that the petitioner had deviated from the sanctioned building plan and also directed the petitioners to refund a sum of Rs.1,40,000/- which has been disbursed to h
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