I.P. Mukerji, J. - (1.) The writ petitioners and the seventh to thirteenth respondents are the flat owners in the building comprising premises no. 1000, Jessore Road, Naskar Bagan, Kolkata-700 055. It is named Shanti Kunj Apartments. The writ petitioners are jointly the owners of a flat situated on the 4th floor. It measures 1830 sq.ft.
(2.) An area of 595 sq.ft. on the ground floor is in dispute in this writ. The writ petitioners are the owners of this space. They do not say that this space is meant for car parking. The said respondents in paragraph 4 (b) of their affidavit-in-opposition categorically state that this is the car parking area. It is meant for parking three cars. The total car parking accommodates six cars. The entire car parking space is un-demarcated. The complaint of these respondents about the writ petitioners is that the latter have made a permanent illegal construction to enclose this car parking space by brick and cement. Furthermore, it is alleged they have brought in wooden furniture, almirah etc. into the area and erected an iron gate, thereby converting the area into a room. It has said that they have blocked the emergency exit of the building. They are using this car parking space for commercial purposes. In other words they have changed the user of this space, meant for car parking only. The petitioners however say that they have erected a wooden partition wall, installed a wooden almirah, furniture etc. so that this space can be used by the children in the family to study and for the servant to sleep.
(3.) By a letter dated 12th October, 2015 eight flat owners of the building made a complaint about this to the Chairman of South Dum Dum Municipality. They went to the extent of saying that 40 lives were at stake.;