- (1.) THE Court :- The sixth respondent in the pending WP has filed this GA dated April 8, 2013 for vacation of the interim order dated September 10, 2010 passed in the WP.
(2.) THE petitioners in the WP under art.226 of the Constitution of India dated July 21, 2010 prayed for the following principal relief :- "(a) A Writ of and/or in the nature of Mandamus do issue commanding the respondents Municipal Authorities to demolish the construction illegally and/or unauthorisedly made at the said property being premises No.164, Manicktala Main Road, Borough III, Ward No.031, Police Station - Phoolbagan, Kolkata ­ 700054 in violation of the provisions of the Kolkata Municipal Corporation Act, 1980 and the Rules framed thereunder by the respondent No.6 forthwith." A copy of the order of this court dated September 10, 2010 is at page 31 of the GA. Thereby interim relief was granted according to prayer (f) of the WP. Prayer (f) of the WP is quoted below :- "(f) An order of temporary injunction do issue restraining the respondents and each one of them from making and/or allowing any further construction at the said other property being premises No.164, Manicktala Main Road, Borough III, Ward No.031, Police Station - Phoolbagan, Kolkata ­ 700054 in any manner whatsoever."
(3.) THE WP was filed alleging that the sixth respondent was erecting constructions at the premises in question without obtaining any sanction. It means that the petitioners' allegation was that the sixth respondent was erecting unauthorised constructions. The petitioners moved the WP alleging that in spite of information, the KMC authority did not take any step. Hence the only relief that could be granted was to direct the KMC authority to examine whether it was necessary to institute a s.400 demolition case and issue a s.401 stop work notice. The issue whether the constructions in question were erected unauthorisedly and hence liable to be demolished was to be decided by the authority in exercise of statutory powers.;