Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) Let the report in the form of an affidavit filed in Court today on behalf of the Chairman of the concerned Municipality, namely, Baidyabati Municipality, pursuant to our earlier orders, be taken on record.
(3.) A plain reading of the said report reveals that the Chairman of the concerned Municipality has taken a stand which is contrary to the earlier report prepared by the Vice-Chairman of the Municipality dated 4th June, 2016, being Annexure R-2 at page 13 to the present report. On 4th June, 2016, it was specifically stated that on spot verification dated 17th May, 2016, in respect of the premises-in-question it was detected that whatever construction was raised on the 2nd floor had caused structural deviation as well as violation of the West Bengal Municipal (Building) Rule, 2007. However, in the present report, the Chairman of Baidyabiti Municipality appears to be justifying the fact that the private respondent herein has been allowed to make such construction, even if it was not in accordance with the sanctioned plan.;