SAMIR KUMAR DEY Vs. CHARIMAN BURDWAN MUNICIPALITY

JUDGEMENT

(1.) This writ petition was filed challenging the letter dated 25.8.89 addressed to the writ petitioner by the Chairman, Burdwan Municipality. By the said letter the Chairman, Burdwan Municipality rejected the building plan submitted by the writ petitioner for construction on the ground that the site for such construction was not approved by the Municipality for a construction.

(2.) The facts as emerged from the writ petition are as follows :-

(3.) Mr. Bidyut Kiran Mukherjee, learned senior Advocate appearing on behalf of the writ petitioner seriously challenged the said letter dated 25.8.89 upon reference to sections 203 and 210 of the West Bengal Municipal Act, 1993 (hereinafter called as the said Act). Mr. Mukherjee, contended that section 210 enumerates the grounds on which a sanction of a building plan can be refused. The impugned letter having nor disclosed any one of such grounds for refusal it is presumed that no such ground was available to the Respondent/Municipality to refuse sanction of the building plan of the writ petitioner. Mr. Mukherjee, contended that the building plan was prepared upon compliance of all relevant municipal laws, rules and regulations relating thereto. Accoridingly, it was urged that such refusal of sanction of the building plan of the writ petitioner was absolutely arbitrary and without any authority under the provisions of law. According to Mr. Mukherjee, for the purpose of approval of the site for building under section 203 of the said Act, only requirement provided therein is the no-objection certificate under sub-section(3) of section 5 of the Urban Land (Ceiling & Regulation) Act 1976 from competent authority as defined in proviso to the said section. But such approval of site plan is no longer necessary as it was held by this court that a Municipality cannot refuse to sanction a building plan on the ground of non-production of such no objection certificate from the competent authority under urban land (Ceilding & Regulation) Act, 1976. Mr. Mukherjee lastly argued that in any event non-approval of the site for construction for the reasons as stated in the affidavit-in-opposition cannot be sustained in law as the West Bengal Municipal Act, 1932 does not provide any norms for such non-approval.