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Calcutta High CourtWPA/14746/2024dismissed

Partha Pratim Bhattacharjee v. Baranagar Municipality And ORS.

2025-01-14Hon'Ble Justice Kausik Chanda2 pages

14.01.2025 Sl.No.22 Ct. No.15 S.A.

WPA 14746 of 2024 Partha Pratim Bhattacharjee -vsBaranagar Municipality & Ors.

Mr. Tarak Nath Halder Mr. Sagnik Chatterjee Mr. Sayan Mukherjee ...for the petitioner Mr. Nara Narayan Ganguly ...for the State Mr. Soumyajit Bhatta ...for respondent no.6 There is no merit in this writ petition.

The petitioner alleges that the respondent no.6 has undertaken the construction of a three-storied building without obtaining a sanctioned plan. It is contended that the original structure was a twostoried building. Subsequently, respondent no.6 was granted permission by the Municipality to add one additional floor. However, the petitioner claims that, under the guise of the sanctioned plan, respondent no. 6 demolished the existing two-storied building and commenced construction of a new three-storied structure.

On the other hand, the learned advocate representing respondent no. 6 has presented a sanctioned plan issued by the Baranagar Municipality on November 18, 2021, for a G+3 (Ground plus three)

storied building. He has also produced a revised approval plan for a G+2 storied building granted on October 22, 2024, by the Municipality.

The respondent no.6 submits that he has constructed the building in accordance with the latest sanctioned plan. The Municipality's report also indicates that the construction carried out by respondent no. 6 was in compliance with the sanctioned plan.

Accordingly, WPA 14746 of 2024 is dismissed.

Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.

(Kausik Chanda, J.)