Friday, October 9, 2026

Bimal Kumar Bag v. State of West Bengal & Ors.

 

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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