I.P. Mukerji, J. - (1.) THE petitioner was the owner of premises No. 67, Dr. Suresh Sarkar Road, Kolkata -700014. They wanted to develop this property. On 17th May, 2005 they got a building plan sanctioned by Kolkata Municipal Corporation. The sanction was for building four, four storied structures. The petitioner claims to have obtained a No Objection Certificate (NOC) from the fire department of the State on 20th July, 2004. These four storied buildings were completed on 2nd April, 2008. An occupancy certificate was also obtained from the respondent Corporation.
(2.) EACH of the buildings consisted of flats/units. After completion of its construction all the flats were sold. Thereafter, the petitioner proposed to build the fifth floor in each building. The building plan was duly sanctioned by the Corporation on 25th August, 2011. The petitioner claim to have obtained a no objection from the Fire and Emergency Services Department of the State Government.
(3.) ON 3rd January, 2012 the Joint Secretary to the Government of West Bengal, Department of Fire and Emergency Services requested the Municipal Commissioner of the respondent Corporation to stop construction of the fifth storey. Construction could not commence till clearance was obtained from the Fire Safety Audit Committee. It appears that the Joint Secretary to the Government of West Bengal was acting on the instructions of the Fire Services Minister to whom an undated letter seems to have been addressed by the owners of "Greenshire Owners Apartment".;