- (1.) This Writ Petition is directed against a demolition Order passed by the Respondents in respect of Premises No. 5; Dr. Biresh Gupta Street, P.S.- Karia, Kolkata- 17. The Petitioner is a Company Registered under the Companies Act. Their case is that by a Registered Deed of Sale dated 12th May, 2006, the entire premises situated on Premises No. 5, Dr. Biresh Gupta Street and comprising of an area of 6 Katthas 12 Chattaks and 25 Sq.ft. in Ward No. 65; Borough No. VII of the Kolkata Municipal Corporation was purchased by the Petitioner. After such purchase, the same was duly mutated in its name and thereafter, it has been paying rents etc. to the Kolkata Municipal Corporation.
(2.) The Petitioner has stated that a Building Plan was submitted in accordance with provisions of the Kolkata Municipal Corporation Act whereafter the authorities made necessary enquiries and duly approved the same vide Permit No. 2006070219 dated 21.3.2007.
(3.) After obtaining the Plan, the Petitioner demolished the existing building standing thereon and constructed a new building out of its own resources as well as financial assistance. According to the Petitioner, after the building was completed, the authorities sanctioned water and drainage and also granted an occupancy Certificate on due consideration of the structural stability etc. Thereafter the concerned authorities issued a "no objection" for installation of a lift but in spite of compliance of all such formalities, some officers of the Kolkata Municipal Corporation came on the premises on 13th February, 2009 at about 2 P.M. and threatened to demolish a portion of the new building on the allegation of deviation from the sanctioned plan. When the Petitioner produced the sanctioned Building Plan and other relevant papers, the said officers left the place but threatened the Petitioner with dire consequences.;