DIMPLE SARAWGI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The order dtd. 16/1/2024 passed by the Additional Executive Officer, Purulia Zilla Parishad directing the petitioners to restrict construction up to the B+G+1 storey level residential building despite granting permission for construction of B+G+4 storied residential cum commercial building is impugned in the instant writ petition.

(2.) Learned advocate for the petitioners submits that the construction is being made in accordance with the plan sanctioned. At the time of submitting the plan proposal the respondent authorities did not raise any objection and sanctioned plan for construction of B+G+4 storied building. On the basis of the said sanctioned plan, the plinth and the base level of the construction has been made with the view to construct B+G+4 storied building. Had the respondents not granted sanction for the said construction, then the petitioners would not have been required to construct the base and the plinth in the manner as it has been done. Considerable finance has been invested in preparation of the base and ground level work so that the building could support the load of construction of the B+G+4 storied building.

(3.) It has been contended that there is no provision in law restricting or refusing permission to make construction after a certain limit and, as such, the petitioners may be permitted to continue with the construction work in accordance with the plan sanctioned.