Ashok Roy Chowdhury & Ors. v. State of West Bengal
& Ors.
Calcutta High Court, 23 September
2025
This is important as a recent
statement of the legal principle.
Although the Municipality involved
was Panihati Municipality, rather than Rajpur-Sonarpur Municipality, the
statutory framework involved the West Bengal Municipal Act, 1993 and West
Bengal Municipal Building Rules, 2007.
The facts are particularly close to
your proposition.
An original G+3 sanctioned plan
existed. Subsequently, the owner/developer submitted a revised building plan
seeking:
- sanction for further construction; and
- regularisation of deviations from the ground floor to
the third floor.
The Municipal authority sanctioned
the permissible portions and regularised certain deviations subject to
payment of necessary charges and fines, while directing demolition of the
portion which was beyond the permissible scope of approval.
The High Court specifically
recorded:
“The power to sanction revised
building plan and regularize certain portions lies, with the Municipality…”
and further held that the
authorities were within their power where the revised plan had been duly
submitted, scrutinised and sanctioned according to law.
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