In Disputes Related To Construction Irregularities By Owner, The Appropriate Remedy For Private Person Is To Approach Municipal Authority: SC
The Supreme Court observed that in case of dispute related to construction irregularities by the owner on their plot, the appropriate remedy is to approach the Municipal Authorities.
The Court held that if no proper response from them, then the Civil Court would be the appropriate forum.
The bench of Justice B.R. Gavai and Justice Sandeep Mehta observed, “if at all the private respondent(respondent No.1 herein) was aggrieved of irregularity committed, if any, in the construction raised by the appellants on their plot, the appropriate remedy for him would have been to approach the municipal authorities and if no proper response was forthcoming, then the civil Court was the appropriate forum for ventilating the grievances of the nature which have been raised before the writ Court.”
The Court expressed its reservations on the exercise of Writ jurisdiction by the Single Judge of the High Court of Calcutta in a controversy, which appeared to be a purely private dispute between the appellant Dr. Ranbeer Bose and the private respondent, Anita Das being immediate neighbours.
The Court after considering the enquiry report by the Municipal Authorities stated that the construction made by the appellants is not in violation of the building plan and rather, it was mentioned that the sanction plan to construct the building was granted in violation of Rule 50 of the Rules of 2007.
According to the Court, the appellants have a right to challenge the said enquiry report and the show cause notice. Therefore, the Court leaves the appellants at liberty to challenge the show cause notice and the enquiry report by resorting to the provisions contained in the West Bengal Municipal Act, 1993.
The Court further noted that as per Section 218(3) of the West Bengal Municipal Act, 1993, in case the objections raised by the appellants do not find favour of the Board of Councillors, they would have a right to file an appeal in the Court having jurisdiction.
The Court disposed of the appeal.
Cause Title: Dr. Ranbeer Bose v. Anita Das (Neutral Citation: 2024 INSC 379)