Suparna Bhattacharya v. Rajpur-Sonarpur Municipality & Ors.

 

Suparna Bhattacharya v. Rajpur-Sonarpur Municipality & Ors.

Calcutta High Court, decided on 5 July 2019

This is the first case I would rely upon for a Rajpur-Sonarpur Municipality matter.

The dispute specifically concerned an unauthorised construction on the second floor of a building under the jurisdiction of Rajpur-Sonarpur Municipality. The Municipal authority had recorded that a revised plan had been submitted in respect of the alleged unauthorised construction.

The Division Bench ultimately directed the Municipality:

“to consider the revised plan submitted by the respondent No.3 and pass necessary decision in respect thereof”

and directed that the decision should be a reasoned one.

The Court further observed that, after the status-quo order had been vacated, there was no embargo on the Municipal authority considering the revised plan.

This is extremely relevant because:

• the property was within Rajpur-Sonarpur Municipality;
• the allegation was unauthorised construction;
• a revised building plan had been submitted;
• the Court did not direct automatic demolition merely because unauthorised construction was alleged;
• instead, it directed the Municipality to consider the revised plan and take a reasoned decision.