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Calcutta High Court (Appellete Side)

Saumya Nandy vs Madhyamgram Municipality & Ors on 4 September, 2013

Author: Jyotirmay Bhattacharya

Bench: Jyotirmay Bhattacharya

                                             1



4.9.2013
   ac
                                       W.P. 22460(W) of 2013

                                        Saumya Nandy
                                             -vs-
                                 Madhyamgram Municipality & Ors.


                       Mr. Utpal Bose,
                       Mr. D. N. Mishra.
                             ... For the Petitioner.

                       Mr. B. R. Pratanabish,
                       Mr. Susobhan Sengupta.
                             ... For the Respondent no. 1.

Admittedly while constructing the building, some construction was made by the petitioner in the petitioner's premises beyond the sanctioned plan. A notice to stop-work was issued by the municipal authority asking the petitioner to stop all constructional works in his premises.

The petitioner complains that identical unauthorised construction by infringing the building rules regarding leaving of mandatory side space etc. has also been constructed by the respondent nos. 3 & 5 in their premises. The petitioner complains that despite such irregularities in the construction of the premises of those respondents were brought to the notice of the municipal authority, the municipal authority has not taken any step against such illegal and/or unauthorised construction in the premises of the respondent nos. 3 & 5.

The learned Advocate appearing for the municipal authority submits that the municipal official has already inspected the premises of the respondent no. 3 and in course of such inspection, some construction in deviation of the sanctioned plan and/or in violation of the building rules were detected in his premises. The municipal authority, however, remains silent about the illegal construction made by the private respondent no. 5 in his premises, though he has also made such unauthorised construction in his premises.

Under such circumstances, this Court directs the municipal authority to hold an inspection at the premises of the respondent no. 5 and submit a report as to whether any illegal construction has been made by the respondent no. 5 in his premises or not. Such report should be submitted on the next date of hearing.

Let this matter be placed for hearing on 16th September, 2013 when the municipal authority is required to submit such report.

Let the inspection report of the Sub-Assistant Engineer dated 6.8.2013 which is filed in Court today be kept with the record.

If in the mean time, the petitioner approaches the municipal authority for regularising the deviated portion and/or any additional construction made by him in his premises, the municipal authority will consider the petitioner's such prayer for such regularisation within the frame of the Building rules and submit a report before this Court on the next returnable date.

(Jyotirmay Bhattacharya, J.)