AD-7 Ct No.36

28.03.2025 (SSS)

RVW No. 188 of 2023 In CO 1964 of 2022 With CAN 1 of 2023 Kali Prasad Shaw Vs.

The Board of Councilors of Baranagar Municipality and Anr.

Mr. Aniruddha Chatterjee, Sr. Adv.

Mr. Debabrata Roy …..For the Petitioner.

1. This is an application for review of the order dated August 17, 2023 passed in CO 1964 of 2022.

2. The petitioner submits that by a subsequent notification, the department of Urban Development and Municipal Affairs dated July 27, 2023 empowered the Board of Councilors to regularize minor unauthorized constructions which were in violation of the sanctioned plan. At the relevant point of time, when the matter was decided by the municipal authority, and by this court, the administrative order and/or a notification was not in vogue. The notification cannot be given retrospective effect. The notification also authorizes the Board of Councilors to regularize unauthorized contraction, but does not make the regularization compulsory. The key word is “may”. This cannot be read as mandatory. The Board of councillors have a discretion to regularize minor deviations or unauthorized constructions, which can be exercised on a case to case basis, if at all. T