HARISH TANDON, J. - (1.) The regularisation plan vide D/Case No. 5-R/XVI/2015-16, dated 3rd February, 2016 issued by the Kolkata Municipal Corporation in favour of the private respondent is a subject matter of challenge in the instant writ petition.
(2.) The petitioners are the owners of the respective flats at Premises No. 120, Vidyasagar Sarani, now known as P-100, Vidyasagar Sarani, Kolkata-700 063 on the strength of their respective registered deeds of conveyance. The said building was constructed after obtaining a sanction of a building plan dated 27th March, 2006 up to five storied and the portion of the ground floor is shown as a car parking space. Admittedly, some of the petitioners did not purchase the car parking space at the time of purchasing their respective flats. The petitioners who purchased the car parking space have not come up with the specific case that their car parking space has been converted for any other purposes. One of the car parking space was subsequently sold to another person who in turn sold the same to the private respondent in the Month of February, 2014. Subsequently the said car parking space was sought to be controverted into a shop room by making illegal and unauthorised construction and a representation was made to the respondent No. 3, Executive Engineer (Civil), Building Department, Borrow-13, 14 and 16 on 12th July, 2016. The said representation was not responded by the said respondent and the petitioner was advised to seek information under section 6 of the Right To Information Act, 2005. The information was furnished by the competent authority disclosing that a revised plan had been issued in respect of the said owner and the said construction is made in terms thereof. It thus transpires that the corporation has permitted the conversion of a car parking space to be used for shop.
(3.) According to the petitioner, such conversion is impermissible under Section 416, 423 and 424 of the Act nor the permission can be granted to do the missionary work under Rule 3 (2) of the Kolkata Municipal Corporation Building Rules, 2009.;