- (1.) The challenge is made to an order of the Special Officer (Building) of the Kolkata Municipal Corporation dated 10th August, 2006, directing the demolition of the wall, which was affirmed by the Building Tribunal. Admittedly, the plan was sanctioned for construction of G + 10 building way back in the year 1973 and such construction was completed in all respect as different persons have purchased the flats of the said building; some of them with the car parking space and some thought not to purchase such car parking space.
(2.) The dispute arose between the flat owners of the constructed building, who formed the Society and the owner relating to parking of cars in the space, other than those specified in their respective deeds. Several litigations came to be filed and ultimately reached before this Court.
(3.) The petitioners herein tried to resist the members of the Society from encroaching the other portion, which was never intended to be transferred to them from parking their cars and even approached the Police Authorities to render assistance and help. The inaction on the part of the Police Authorities constrained the petitioners to file a writ petition being WP 1905 of 2003 before this Court, which was disposed of, directing the Deputy Commissioner of Police (South) to provide adequate police assistance to the petitioners for the purpose of repairing the broken wall at the premises in question strictly in accordance with law.;