FALGUNI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The case of the petitioner is that a portion of the building which the petitioner developed has already been demolished after giving a notice to him by the Municipal Authority for attending a hearing. He attended the hearing and admitted that some portion of the building was a deviation from the sanctioned building plan. However the petitioner wants to rely upon a resolution of the meeting of Mayor-in- Council of the Municipal Corporation held on 10th June, 2014, which is at page 13 of the supplementary affidavit of the petitioner affirmed on 18th June, 2019, a translated copy of the same has been given in page 14 thereof.

(2.) The resolution says that regularization of the illegal construction may be given on case to case basis. In this particular case, the competent authority being the Municipal Authority has found that one floor, i.e. 4th floor of the building has been illegally constructed which has already been noted in the notice issued to the petitioner dated 4th May, 2019 which is 'Annexure P-4' of the writ petition but has not regularized the illegal construction. In this case of illegal construction no regularization has been done by the Municipal Authority.

(3.) The learned advocate for the Howrah Municipality has submitted that the petitioner was granted one building plan for constructing a building which is of 'G+3' and by deviating from the building plan, the petitioner/developer has constructed it as 'G+4'. This has been mentioned in the said 'Annexure P-4' which is a notice dated 4th May, 2019.