Biswajit Basu v. Rajpur Sonarpur Municipality &
Ors.
Calcutta High Court, 2 April 2012
This case is also directly concerned
with Rajpur-Sonarpur Municipality and alleged unauthorised construction.
The Court directed the Municipal
authority to:
- inspect the property;
- verify the sanctioned plan;
- consider whether the statutory side space had been
maintained;
- examine the matter under the West Bengal Municipal
Act, 1993 and West Bengal Municipal (Building) Rules, 2007; and
- pass a reasoned order.
Importantly, the Court recognised
that the legality of the construction had to be determined by applying the
statutory Building Rules rather than merely proceeding on the allegation of
unauthorised construction.
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