Judgment:
ORDER
SHEET GA No.1266 of 2012 APOT No.255 of 2012 WP No.880 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE LARICA INN PVT.LTD.& ANR.
Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE PRATAP KUMAR RAY The Hon'ble JUSTICE SUBAL BAIDYA Date :
16. h May, 2012.
Mr.Jayanta Kumar Mitra, Sr.Adv.Mr.Kishore Dutta, Adv.Mr.Nirmalya Biswas, Adv.…for the appellant/petitioner Mr.Sandip Kumar De, Mr.Debangshu Mondal, Adversus …for K.M.C.Mr.Anandya Kr.
Mitra, Sr.Adv.Mr.Dipankar Halder, Adv.…for respondent Nos.4 & 6 Mr.S.K.Kapoor, Sr.Adv.Mr.Kalyan Bandhopadhyay,Sr.Adv.Mr.Santanu Mitra, Adv.…for respondent No.5 The Court : Heard the learned Advocates appearing for the parties.
Raising grievance that construction of the respondent Nos.4 & 5 on the roof of the concerned premises wherein the writ petitioners acquired 50% roof right by proper instrument was illegal even if there is sanction plan granted by the Kolkata Municipal Corporation.
The writ petitioner agitated its grievance to the said Corporation but as nothing was done, writ petitioner moved the writ application on the following prayers : “a) A declaration that the Additional Sanction Plan No.201106003 dated 03.5.2011 or any other plan/ plans sanctioned /granted by the respondents No.1 to 3 for construction to be made on this property of the petitioner is void ab-initio; b) Declaration that the construction made on the property of the petitioner being 50% of the roof containing an area of 4773.5 Sq.
ft.
at Premises No.41, B.B.Ganguly Street, Kolkata