Decided on June 20,2019

Sambhunath Saha Appellant


- (1.)Heard Mr. P. K. Biswas, learned senior counsel assisted by Mr. U. K. Majumder, learned counsel appearing for the petitioner as well as Mr. K.K. Pal, learned counsel appearing for the respondents No.2 and 3 and Mr. Somik Deb, learned counsel appears for the respondents No.4, 5 and 6. None appears for the respondent No.1 when the matter was taken up for hearing.
(2.)By means of this writ petition, the petitioner has challenged the order No.F.WP(C) No.371/2018/4201-08 dtd. 19/12/2018 passed by the Assistant Municipal Commissioner, East Zone, Agartala Municipal Corporation whereby the petitioner has been asked to demolish the 'deviated' part of the building which is beyond the approved plan.
(3.)Mr. P. K. Biswas, learned senior counsel has submitted that in terms of the order dtd. 27/11/2018 delivered in WP(C) No.371/2018, a physical survey was carried out by a team, constituted by Agartala Municipal Corporation. Physical inspection report has been submitted under the forwarding letter dtd. 5/12/2018 (Annexure-B to the reply filed by the respondents No.2 and 3). For purpose of reference the entire text of the physical inspection report is excerpted hereunder:
"PHYSICAL INSPECTION REPORT In terms of notification dtd. 30/11/2018 and 2/12/2018, we the following Engineers and staffs visited the Building of Sri Sambhunath Saha, S/O Lt. Balaram Saha on 1/12/2018 and 4/12/2018.

During the visit on 1/12/2018, the petitioner namely Subrata Saha, Sankar Saha and Sukanta Saha were absent in the spot though on the way we found Sri Subrata Saha and Sankar Saha and on being request they refused to present in the inspection. In this regard, a declaration of witness has been taken and enclosed herewith as Annexure-A.

Be it mentioned here that prior to visit and inspection of building all the parties were requested to remain present on the spot on the date and time mentioned in the notice. Due to absence of petitioners of the case the physical inspection of building could not be done on 01-12- 2018. Thereafter, on 4/12/2018 we the following Engineers and officers again visited and inspected the building of Sri Sambhunath Saha, S/O Lt Balaram Saha by giving prior notice to the parties. The inspection of building was done by comparing both the approved plans of AMC in presence of all the parties. A copy of attendance sheet enclosed here with and marked as Annexure-B.

The report is as follows.

As per office record, 2(two) nos. Approved plans in favour of Owner Sri Sambhunath Saha, S/O Lt. Balaram Saha have been found out. (i) Approved plan for Double storied building vide No.SL.NO.HC/5024/16/AMC/4994-28 dtd. 30/4/2016.

(ii) Approved plan for Three storied building vide No.SL.NO.AMC/EZ/21/3605/172810 dtd. 28/12/2017. After scrutinizing both the approved plans, it reveals that -

(1) Deviation in respect of approved drawing of three storied building are as follows -

(2) The owner has constructed a cantilever portion in north side at first floor measuring (4.47 m x 1.22 m) and (8.716 m x 0.915 m) which is beyond approved plan.

(3) 1(one) permanent structure of (6.68m x 3.568m)= 23.84 sqm is under construction above 2nd floor which is beyond approved plan.

(4) The landing portion of staircase in west side of (2.44 x 0.43)=1.0492 sqm is also beyond approved plan. In this connection, 1(one) hand sketch map of existing building which is physically measured in presence of both the parties, is enclosed herewith as Annexure-C."

In the said report it has been clearly shown by different ink (yellow), which portion has been constructed deviating from the approved plan.


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