BRIG. ARINDAM MAJUMDER Vs. CHAIRMAN, BOARD OF COUNCILLORS

JUDGEMENT

(1.) The reasoned order dtd. 30/10/2023 passed by the Commissioner, Bidhannagar Municipal Corporation ('BMC' for short) in compliance of the direction passed by the Court in MAT No. 687 of 2023 (Brig. Arindam Majumder and Anr. vs. Col. (Dr.) Sunanda Majumder and Ors.) is impugned in the instant writ petition. By the said order the Commissioner directed the petitioners to demolish the four projections at the windows from the floor level and the balcony included within the room.

(2.) According to the petitioners, they conducted minor repairing and renovation work in their apartment for which no damage was caused either to the building or to the apartment owner. The repairing and renovation work conducted by the petitioners, being minor in nature, did not require any sanction from the BMC. The renovation/ repair did not result in extension/generation of any additional floor space. Only the internal partition wall between the room and the balcony has been removed and to prevent rain water from seeping through the window the same has been partially covered. Upon consideration of a harassing complaint filed by the private respondent before BMC, the impugned order of demolition has been passed. The inspection which was conducted was perfunctory and whimsical and the report has been prepared upon total non application of mind being influenced by the private respondent.

(3.) The petitioners submit that they covered their open balcony which is just above the private respondent's bedroom and repaired and renovated the windows at about eight inches above the floor level. The renovation had to be done as the petitioners were inconvenienced by the rain water which fell in the open balcony. The renovation and repairing work is such that the same is not impermissible in law. There are several apartments in the same complex with similar construction work and BMC did not care to take action against the same. Photographs of similar type of constructions have been annexed to the writ petition. Learned senior counsel for the petitioners relies upon various provisions of the West Bengal Municipal (Building) Rules, 2007 which are applicable to the BMC. It has been contended that the constructions in question cannot be considered as projections as the said constructions were all along there. It is only that the same has been covered to prevent rain water from seeping in. It has been submitted that there has been violation in principles of natural justice in not forwarding a copy of the building sanctioned plan despite written requests. The constructions, under any stretch of imagination, can"t be treated as unauthorized.