Bimal
Kumar Bag v. State of West Bengal & Ors.
W.P. No. 8689(W) of 2007, decided on
9 September 2013 — Calcutta High Court
This is a very useful authority for
your proposition.
The Chairman of Rajarhat-Gopalpur
Municipality had found that the building had been constructed in deviation
from the sanctioned plan. A revised building plan had subsequently been
submitted by the person responsible for the construction.
Justice Jyotirmay Bhattacharya
directed the Municipal authority to consider the revised plan and specifically
held that the Municipality should determine whether the illegal construction
could be regularised in accordance with the Building Rules.
The important principle is that
detection of deviation does not automatically mean that demolition must
follow without consideration of a revised plan. The statutory authority has
to consider the revised plan in accordance with the applicable Building Rules.
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