Kalpana Saha vs Agartala Municipal Corporation And Others.

Petitioner has alleged violation of building permissions and building regulations of AMC by respondent No.4, who is her neighbour. After detailed arguments from all sides, what I gather is that the AMC itself had ordered demolition of part of excess construction carried out by the respondent No.4 and these directions have been carried out substantially. It can be seen from an inquiry report dated 29.06.2018, copy of which is produced at Annexure-'C' to the petition, the Municipal authorities agree that the respondent No.4 had carried out demolition of excess construction except in a small portion where there was extension by three inches over and above the plans passed. Had this been, the only issue surviving, I would not have examined the question any further since deviation if at all was extremely minor. However, learned counsel, Mrs. S. Deb (Gupta) for the petitioner drew my attention to the contents of the affidavit-in-rejoinder in which the petitioner has contended that subsequently, the respondent No.4 has also constructed a wall covering the said extended portion. This is the main grievance of the petitioner.

Since this statement has come in rejoinder, obviously, the respondent No.4 did not have an opportunity to meet with it. In any case, it would be for the Municipal authorities to examine this issue at a first stage. The petition is, therefore, disposed of with following directions:

(i) The AMC shall have the spot survey of the house of the respondent No.4 carried out and verify whether as alleged by the petitioner, respondent No.4 has constructed a wall covering the extended portion of the building. If it is found that there is a wall so constructed, the question would be whether it is according to the building plans passed (ignoring the fact that it may be on an area which is extended by a couple of inches). If no permission for construction of this wall has been granted, respondent No.4 may either voluntarily pull it down or seek regularization if otherwise permissible under the Rules and as per building regulations. In any case, if the respondent No.4 neither pulls down the wall voluntarily nor obtains regularization, the Municipal authorities shall take steps to have the wall removed. All these steps shall be completed within 6 (six) months from today.

Pending application(s), if any also stands disposed of.