AGARTALA, India, June 15 -- Tripura High Court issued the following order/judgement on May 14:
[1] Heard.
[2] The present petition has been filed under Article-226 of the Constitution of India for directing the respondents to discharge their statutory duties under the Tripura Municipal Act, 1994 and the Tripura Building Rules, 2017, in relation to illegal construction, public nuisance and hazardous sanitation practices.
[3] The petitioner has prayed for the following reliefs:
"(a) Issue a writ in the nature of Mandamus directing the immediate Respondent authorities to conduct an inspection of the premises of Respondent No. 5.
(b) Issue a writ in the nature of Mandamus directing the Respondent authorities, particularly Respondents No. 3 and 4, to forthwith take appropriate action under the Tripura Municipal Act, 1994, including issuance of stop-work notice and prevention of any further construction by Respondent No. 5, pending inspection and final decision in accordance with law.
(c) Direct the Respondents to take action against the unauthorized construction in accordance with law immediately in accordance with the Complaint and reminder submitted by the Petitioner;
(d) Direct removal and/or rectification of the septic tank and ventilation system;
(e) Direct the respondent authorities to ensure compliance with the Tripura Building Rules, 2017."
[4] The present writ petition arises out of illegal construction and hazardous sanitation practices undertaken by respondent No. 5 in gross violation of the Tripura Building Rules, 2017 and the National Building Code of India, 2016. The Respondent No. 5 has constructed a permanent RCC structure adjacent to the petitioner's premises without maintaining the mandatory setback, leaving a gap of only about 45 cm as against the prescribed minimum of 1.5 meters and 2.1 meters in the case of a septic tank. Further, the septic tank and its ventilation system have been installed in complete disregard of statutory norms, with the vent pipe positioned at the level of the petitioner's window, resulting in continuous discharge of foul and hazardous gases directly into the petitioner's premises. The said construction is ex facie illegal and constitutes a continuing nuisance and health hazard.
[5] The petitioner, a senior citizen suffering from serious cardiac and pulmonary ailments, has been severely affected by the said conditions. Despite repeated personal requests to respondent No. 5 and formal complaints dated 06.02.2026 and 04.04.2026 to the municipal authorities, no action has been taken. The inaction of the respondent authorities in failing to inspect the site and enforce statutory provisions under the Tripura Municipal Act, 1994 has resulted in a continuing violation of the petitioner's fundamental rights under Articles-14 and 21 of the Constitution of India. The cause of action is continuing in nature, and the petitioner, having no other efficacious remedy, is constrained to invoke the writ jurisdiction of this Court seeking appropriate directions for inspection, enforcement of law, and abatement of the nuisance.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv%2BuO%2BfLN3h3HgRlEacpKCpNd4tg4Ab%2Fwym9zwp31aN5r&caseno=WP(C)/315/2026&cCode=1&cino=TRHC010007892026&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
