- (1.) IN Re: W. P. No. 117 of 2009 this writ petition has been filed by the petitioners praying for an order commanding upon the respondents Kolkata Municipal Corporation to rescind the purported Notice under Section 401 of the Kolkata Municipal corporation Act, 1980 (hereinafter referred to as the Act) as well as for rescinding the Order passed under Section 400 (8) of the said Act pertaining to the premises situated at 35/1a, Garcha Road, Kolkata-19 (hereinafter referred to as the said premises ). The petitioners have also prayed for an Order prohibiting the respondents from demolishing any portion or part of the said premises and to act in accordance with its own recommendations dated 16. 12. 2008 as contained in Annexure-P1.
(2.) THE short facts which have been gathered from the pleadings as well as from the submissions of the Parties are that the said Premises situated on 2 Katthas and 3 Chhataks of land, were inherited by the petitioners from their parents. The building was old and therefore the petitioners filed a Plan for renovation. Being old and above 65 years of age, they also applied for permission for installing a lift. Permission was granted on 14. 11. 2006. The total constructed area was 3200 Sq. ft. and instead of making a tiled roof, they made a pukka construction by which the area increased to about 300 sq. ft, and as a result thereof, the total area increased to 3500 sq. ft. According to the petitioners, the permissible f. A. R. in respect of the said premises is about 3800 sq. ft. and therefore, the constructed area of 3500 sq. ft. is even less than the permissible F. A. R.
(3.) ON 16. 12. 2008, the petitioners filed a representation before the mayor praying for regularisation of this additional area and stated that they were ready to pay the necessary fees therefor as well as penalty. On the same day, i. e. on 16. 12. 2008, the Mayor-in-Council (Building) made an endorsement thereon directing the Deputy Chief Engineer to proceed under Section 400 (1) of the said Act. The said letter dated 16. 12. 2008 along with the aforementioned endorsement of the Mayor-in-Council is annexure- P1 to the writ petition.;