Sanctioned Plan Not in Violation of Building Norms, But Issued in Contravention of Rule 50 – Supreme Court Allows Appellants to Challenge Municipal Enquiry and Show Cause Notice

The Supreme Court in its recent judgment has provided significant clarifications regarding the enforcement of municipal building regulations, specifically Rule 50 of the West Bengal Municipal (Building) Rules, 2007. The case focused on whether municipal authorities can issue show cause notices for building plan violations when the sanctioned plan itself was approved, albeit in contravention of the said rules.

The appellants, Dr. Ranbeer Bose & Anr., were issued a show cause notice by municipal authorities following a contempt petition that claimed their residential construction did not adhere to the mandatory open space requirements under Rule 50. The High Court of Calcutta upheld the notice, compelling the appellants to seek redress from the Supreme Court. The main issue was whether the High Court was justified in using its writ jurisdiction to address what was fundamentally a private dispute between neighbors over building compliance.

Justice Mehta questioned the appropriateness of the High Court’s decision to entertain a writ petition arising from a private dispute, suggesting that such matters should ideally be resolved via municipal or civil courts.

The Court found that the building was constructed as per the sanctioned plan, which did not violate the building norms per se but noted that the plan was sanctioned in violation of Rule 50.

The Court underscored the appellants’ right to challenge both the municipal enquiry report and the subsequent show cause notice under the provisions of the West Bengal Municipal Act, 1993.

It was emphasized that the appellants’ objections should be considered objectively and without prejudice arising from either the contempt proceedings or the initial writ proceedings.

The appeal was disposed of with no order as to costs. The appellants were granted the liberty to challenge the municipal enquiry report and the show cause notice. Furthermore, should their objections be dismissed by the Board of Councillors, they retained the right to appeal in a competent court.

Date of Decision: May 3, 2024

Dr. Ranbeer Bose & Anr. Vs. Anita Das & Anr.