- (1.) The writ petitioners seek a direction on the respondent nos. 1, 2 and 3 to demolish the allegedly illegal construction at Premises No. 6A, Hastings Park Road, Kolkata- 700027.
(2.) Learned Counsel for the writ petitioners contend that, persons not competent to apply for sanction had obtained a sanction plan for construction at the rear portion of Premise Nos. 31, Judges Court Road, Alipore, Kolkata- 700027 and 6A, Hastings Park Road, Kolkata 700027. The promoters had applied for sanction. According to the writ petitioners, the promoters could not have applied for sanction in view of the terms of settlement filed before the Hon'ble Supreme Court of India. The writ petitioners were not parties to such terms of settlement. In view of the provisions of the West Bengal Apartment Ownership Act, 1972, the promoter could not have applied for sanction. Reference is made to (Basanta Dutta & Ors. v. State of West Bengal & Ors., 2005 3 CalLT 67) in support of the contention that a promoter does not have a right to apply for sanction unless such promoter is the owner. In any event it is contended that, the construction at the disputed premises is in deviation of the sanctioned building plan. Learned Counsel for the writ petitioners contends that, the ninety flat owners of the front of the disputed premises are the owners.
(3.) The writ petition is opposed by the respondent nos. 4 and 5. On behalf of the respondent no. 4 it is contended that an extension of the sanctioned building plan had been granted on May 17, 2012. The building constructed is in accordance with such sanctioned building plan. It is also contended that the disputes between the parties in the writ petition is a private dispute. In respect of the very same disputes two suits are pending adjudication before the Civil Courts. Referring to the judgment and order dated December 3, 2013 passed in W.P. No. 1009 of 2013 it is contended that, a similar writ petition seeking an order of demolition of the alleged illegal construction at Premises No. 6A, Hastings Park Road, Kolkata- 700027 was dismissed. So far as the two suits are concerned, it is contended that, one suit being Title Suit No. 100 of 1996 is a suit filed by the association of persons of the building in which the writ petitioners have their flat. Same relief has been prayed with regard to the alleged illegal construction in the present writ petition as that of the reliefs sought for in such title suit. The second suit relating to the same disputes as that involved in the present writ petition is Title Suit No. 815 of 2013. Title Suit No. 100 of 1996 is pending adjudication at Alipore. It is contended that, the writ petitioners are guilty of suppression of material facts. The writ petitioners had made an application before the Supreme Court seeking leave to intervene in the proceedings in which the compromise was recorded. The association had made an application before the Hon'ble Supreme Court of India. These facts have been suppressed by the writ petitioners.;