Court upon the petitioners to have
the unauthorised constructions/deviations
regularised. Such decision shall be taken by the
authorities in accordance with
municipal commissioner was devoid of any power to
regularise deviation/unauthorised constructions but
subsequently 2015 Rules have been framed empowering
the municipal commissioner to pass
court. The Corporation has been empowered by the
statute to regularise some deviations. However, if such
deviations are major or in violation of the rules ... plan and lay out of the area in question, such deviations
cannot be regularised. Calling the added respondent for a
meeting would not ipso facto
Special Officer exceeded his authority or
jurisdiction in opining to regularise such deviations.
Aggrieved by this order of the learned Single
Judge the appellant Samity ... their
duties could excuse or take exception to such situation
and regularise deviations, it would send wrong signal to
the public and may even create
come to a finding whether the said deviations may
be considered as minor deviations and regularised. While doing so, the
Chairman is at liberty ... other deviation that may
come to his notice require to be demolished or the said deviations may be
treated as minor and regularised. The entire
position, that the two floors
constructed by the petitioners along with the
deviations are unauthorized, i.e., without a sanction.
In the opinion ... usually, the commissioner or his
delegatee exercises a discretion and regularises
minor deviations. Retention/regularization cannot be
claimed as a matter of right
which the Corporations have reserved to
itself a discretion to retain/regularise minor deviations,
but no such provisions are available in the West Bengal
Municipal
authorities of Howrah Municipal Corporation are vested with the discretion to
regularise minor deviation or minor unauthorised construction upon
acceptance of fees and on imposing ... termed as a "minor
15
deviation or minor unauthorized construction," which could be regularised by
the Corporation taking recourse to the amended provision
building
shall be deemed to be aware of such alleged deviations at
the time when the same was made but did not protest ... point of time and chose to approach this
Court after the deviations were regularised and the
retention charges were paid. It appears from the record
Building
Committee of the Howrah Zilla Parishad principally
agreed to regularise the deviated part, merely because
of some delay in depositing the fees, this process ... weeks.
Upon acceptance of such deposits, the Howrah
Zilla Parishad shall regularise the construction.
Accordingly, WPA 22900 of 2024 is disposed of.
Urgent certified website
