GOUTAM GHOSH Vs. STATE OF W.B.

JUDGEMENT

(1.) The petitioner has assailed the order passed by the Sub-Divisional officer, Burdwan Sadar (North), Purba Bardhaman passed on 15/10/2025 in connection with an application under Sec. 23(5) of the West Bengal Panchayat Act, 1973. By the said order, the petitioner has been directed to remove and demolish the part of the building constructed in excess of the sanctioned plan failing which consequential legal action was directed to be taken by the concerned Gram Panchayat.

(2.) The petitioner has contended that he was granted permission for raising construction in terms of the Land Use and Development Control Plan (LUDCP) on the basis of a sanctioned building plan issued by the Burdwan Development Authority (BDA) and the Panchayat Samity, Purba Bardhaman on April 27, 2022. Leasehold right of the plot in question was granted to him by the Sabhadhipati, Purba Bardaman Zilla Parishad by a memorandum dated June 24, 2021 followed by a memorandum issued by the Zilla Parishad to the Pradhan, Baikunthapur-I, Gram Panchayat, being a no objection certificate in favour of the petitioner for raising construction of a dwelling house in the said plot. The BDA also issued a memorandum on February 9, 2022 permitting the petitioner to raise such construction in terms of the LUDCP prepared and enforced by the BDA.

(3.) Learned counsel for the petitioner has submitted that the private respondent alleged that the construction raised by the petitioner was beyond the sanctioned plan issued in his favour. The private respondent approached this Court in a writ petition being WPA 469 of 2023. By an order passed on April 17, 2023 a co-ordinate Bench of this Court disposed of the writ petition directing the petitioner (private respondent herein) to approach the concerned Panchayat Samity with his allegation in detail. The concerned authority was directed to dispose of the representation upon holding inspection and discharging their formalities. Inspection was held and the Executive Officer, Burdwan-II, Panchayat Samity, by an order passed on October 6, 2023, arrived at a conclusion that the petitioner did not follow the sanctioned building plan. He was directed to demolish the extended cantilever by November 10, 2023. Being aggrieved by such order, the private respondent preferred an appeal before the Sub-Divisional Officer, Burdwan Sadar (North), Purba Bardhaman which was not considered for which the private respondent again approached this Court in a writ petition being WPA 6636 of 2024 seeking expeditious disposal of the appeal. By an order passed on February 11, 2025, this Court directed the Pradhan, Baikunthapur-I, Gram Panchayat to take appropriate steps for demolition of the illegal construction within a stipulated time frame and dispose of the appeal as expeditiously as possible. In course of hearing the appeal, a fresh joint inspection was conducted in presence of all the interested parties including the petitioner. Pending disposal of the appeal, the Pradhan issued a notice upon the petitioner on April 8, 2025 directing demolition of the unauthorized construction. The petitioner also preferred an appeal before the appellate authority alongwith a prayer for condonation of delay in preferring the same. The delay was eventually condoned and the order impugned was passed without assigning any reason therefor.