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Showing contexts for: Building deviation in Biswadeep Chakraborty vs The State Of West Bengal & Anr on 2 August, 2022Matching Fragments
5. It is alleged by the petitioner that in spite of failure on the part of the lessees to deliver possession of the vacant space of garage in the said plot of land, the opposite parties filed an application under Article 226 of the Constitution which was registered as WP No.6747(W) of 2018 alleging, inter alia, that the petitioner made construction of the building in deviation of the plan sanctioned by Bidhannagar Municipal Corporation. A report was call for from Bidhannagar Municipal Corporation at the time of hearing of the Writ Petition and on due consideration of such report, a Coordinate Bench of this Court was pleased to dismiss the said writ petition. It is further alleged by the petitioner that till date he has paid a sum of Rs.20 lakhs in favour of the lessees. In the mean time, the plan sanctioned by Bidhannagar Municipality stood expired with effect from 5th January, 2018. As per the relevant clause of the said development agreement dated 28th November, 2014, the petitioner approached this Court for settlement of the dispute by arbitration and appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 which was registered as A.P No.683 of 2019. A Coordinate Bench of this Court appointed one Mr. Kallal Basu, Advocate as an arbitrator for settlement of the dispute between the parties.