In Brief
A property owner (Appellant) purchased the ground floor of a two-storied building and complained when the first-floor owner (Respondent No.3) constructed on the roof. The municipal authorities cancelled the building plan, but only the Chairman signed the cancellation order, not the Board of Councilors as required by Section 217 of the West Bengal Municipal Act, 1996. The High Court set aside the cancellation as ultra vires and held that the property dispute over roof construction rights must be resolved by a civil court, not by municipal authorities. The Supreme Court dismissed the Appellant's appeal, upholding that municipal decisions affecting property rights require proper Board approval and that civil courts are the appropriate forum for resolving disputes about construction rights.
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