Amitava Lala, J. - (1.) There are altogether 19 writ petitioners. They are claiming to be the owners of various flats of building known as 'Vivek Vihar' premises No. 13/3, Ballygunge Circular Road, Calcutta - 700 019. Out of 5 respondents 3 respondents are either the Calcutta Municipal. Corporation of their respective offences, 4th one is the officer-in-charge of the local police station when the 5th one is one private individual known as Sri Pradip Kundalia, of Supreme Developer having its registered office alsc at the same premises i.e. 13/3, Ballygunge Circular Road, Calcutta - 700 019. Such private respondent is the promoter of the building.
(2.) The petitioners alleged in the writ petition that such private respondent, covered a portion of the open space meant for car parking above the basement by putting steel window and/or steel structure and is threatening further to put the shutters on the open space with malafide intention of making illegal gain by covering the car parking space. The open space is sanctioned for car parking cannot be used for any other purpose other than parking space by the residents of the building. Although requests were made by the petitioners to such private respondents not to carry out such unauthorised construction and demolish the portion already constructed but he did not pay any heed to such requests or reminders, on the contrary went merely with the work of unauthorised construction. As a result whereof, petitioners through their Advocate addressed a letter on 12th February, 1998 to the Commissioner, Calcutta Municipal Corporation with a copy to the city architect intimating the illegality of construction. Inspite of the same on 31st July, 1998 some people at the behest of such private respondent came to the premises and started breaking the main piller of the building in order to covering the ground floor space by putting shutters on the wall. On being protested by the ladies who were present at the time at the site, those workers tried to misbehave with them. This incident was reported to Ballygunge Police Station on that very day. The respondent authorities are obliged to protect the interest of the apartment owners of the said Vivek Vihar Housing Society and their statutory responsibility is to stop of illegal activities including unauthorised construction, raising of permanent structure and covering open space meant for car parking purpose and demolish the same in compliance with the provisions of the statute. The petitioners further contented that the private respondent sold the space for parking cars to the respective flat owners which they are doing. Therefore, the activities of covering up the portion of the car parking area and trying to sell to the outsiders is total interference with the posserssory right of the flat owners.
(3.) As against this factual background, the petitioners contended that Section 416 of the Calcutta Municipal Corporation Act prohibits change of user of the building without any prior approval and sanction. Since the respondent Nos. 1 to 3 are not taking any step to stop the unlawful work and performing the statutory duties and obligations, the Constitutional right of the petitioners under Article 300A of the Constitution of India has been violated, thus, they are entitled to invoke the writ jurisdiction of this Court for the purpose of redressal of their grievance. The demand of justice was duly made but the authorities have failed and/or neglected to consider the same.;