Rajasekhar Mantha, J. - (1.) The main issue in the writ petition is with regard to construction effected by the private respondent at premises no.26A, Brindavan Bose Lane, Ward No.12(2), Kolkata †"? 700 006 (the said premises).
(2.) The private respondent had purchased the said premises which had an existing construction of a residential house. The original structure was constructed on the basis of a sanctioned plan of the year 1947. The property was purchased by the private respondent sometime in October 2007.
(3.) Admittedly, the private respondent made additional construction after the year 2007 replacing an iron spiral staircase with a cemented staircase which was increased from the existing height from the first floor to the second floor of the building. In addition thereto, a new room has been constructed on the roof. There are other pillars found to have been also additionally constructed. Some of such pillars have been found by the inspecting officer to be unauthorised. The most vital fact to be noticed is that all these constructions afresh post 2007 have been effected without even a whisper to the Kolkata Municipal Corporation (KMC). It is now extremely well settled and undisputed that changes made to even a pre-existing and sanctioned structure without a proper sanction from the KMC, is an unauthorised construction..;