Ramkrishna Ghosh Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Ramkrishna Ghosh Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to take recourse in accordance with law in respect of the conversion of the store room; the office is directed to make over a copy of the plan submitted by the municipality to the learned advocate-on-record of the petitioner against receipt.

Issue for consideration

Whether the conversion of the room shown as a store room in the building plan into a residential unit, made with the sanction of the municipal authorities, calls for interference in writ jurisdiction. +1 more

Court's answer

The conversion of the storage room into a residential unit was with the sanction of the municipal authorities; ordinarily, no interference is called for.

Ratio / Principle

From the municipality's report it does not transpire that there has been any deviation from the sanctioned building plan insofar as the common garage/parking space is concerned.

Key takeaways

Insofar as the conversion of the store room, though a subsequent development, liberty is granted to the petitioner to take recourse to the same in accordance with law.ratio¶17

Detailed headnote1 paragraphs

Writ petition concerning (i) conversion of a room shown in the building plan as a store room into a residential unit and (ii) availability of the common garage/parking space. Pursuant to this Court's order dated 13 January 2026, the municipality filed a report disclosing that the store room had been constructed as a residential unit upon the developer's application sanctioned by the municipality vide sanctioned order dated 28 October 2024 (revised sanctioned order placed on record), and that the common garage/parking space was available in accordance with the sanctioned plan; the petitioner's complaint against the developer is pending before the District Consumer Disputes Redressal Commission, North 24 Parganas. Held: the conversion of the storage room being with the sanction of the municipal authorities, ordinarily no interference was called for; the report disclosed no deviation from the sanctioned building plan as regards the common garage/parking space; liberty granted to the petitioner to take recourse in accordance with law in respect of the store room conversion. Office directed to make over a copy of the plan submitted by the municipality to the petitioner's learned advocate-on-record against receipt. Writ petition disposed of. (Raja Basu Chowdhury, J.)

ML 52 06.05.2026 sayandeep Ct.3.

WPA 1494 of 2025

Sri Ramkrishna Ghosh

Versus

The State of West Bengal & Ors.

Mr. Chittapriya Ghosh Mr. Kuntal Roy Mr. Sandipan Pal Ms. Ranjana Chowdhury

…. for the petitioner

Mr. Syamal Kr. Das Ms. Krishna Yadav

Ms. Saheli Biswas

….. for the municipality

Today, the municipality pursuant to the order dated 13^th January, 2026 has filed a report. The report would reveal that an inspection has been carried out by the municipality and the municipality has been able to ascertain that a room which was previously shown in the building plan as store room has been constructed as a residential unit, upon an application of a developer which has been sanctioned by the municipality vide sanctioned order dated 28^th October, 2024. The revised sanctioned order has also been placed before this Court. The report further reveals that the common garage/parking space is available in the building in accordance with the sanctioned plan. Independent of the above, the petitioner has already taken steps before the District Consumer Disputes Redressal

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WPA 1494 of 2025

Commission, North 24 parganas and a complaint case is pending against the developer.

Having heard the learned advocates appearing for the respective parties and noting form the petitioner that a matter is pending before the District Consumer Redressal Commission and also noting from the report that the conversion of the storage room is with the sanction of the municipal authorities, ordinarily, no interference is called for. The apart, the report further reveals that the garage/ parking space is available in the building in question and a complaint in this regard is pending consideration before the District Consumer Ridressal Commission. From the report, it does not transpire that there has been any deviation from the sanctioned building plan insofar as the common garage/parking space is concerned. Insofar as the conversion of the store room, though, the same is a subsequent development, however, I grant liberty to the petitioner to take recourse to the same in accordance with law.

The petitioner shall be at liberty to take the copy of the plan which has been placed by the municipality and has been taken on record. Accordingly, office is directed to make over a copy of the plan so submitted by the municipality to

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WPA 1494 of 2025

the learned advocate-on-record of the petitioner against a receipt.

With the above observations and directions, the writ petition is disposed of.

(Raja Basu Chowdhury, J.)