BIJAN BEHARI SAMANTA Vs. BARANAGAR MUNICIPALITY & ORS
LAWS(CAL)-2018-8-66
HIGH COURT OF CALCUTTA
Decided on August 13,2018

Bijan Behari Samanta Appellant
VERSUS
Baranagar Municipality And Ors Respondents

JUDGEMENT

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.) In terms of our order dated 30th July, 2018, Baranagar Municipality has produced records wherefrom it can be ascertained as to the basis on which a revised building plan bearing no. RB/94/32 was prepared on 2nd July, 2016.
(3.) It appears that the said revised building plan was prepared on the basis of a resolution adopted in the 2nd Meeting of the Chairman-in- Council of Baranagar Municipality, which was held on 26th August, 1995. Relevant portion of the said resolution is setout hereinbelow: - "Regarding sanction of building plan on plots measuring upto 1 cottah in the light of previous Act, O/c. P.W.D. was directed to finalise the matter in consultation Chairman and Vice-Chairman.";


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