Pranab Kumar Chattopadhyay, J. - (1.) Challenging the interim order dated 19th June, 2009 passed by a learned Single Judge of this court in the writ petition being W.P. 10302 (W) of 2009, appellants herein have preferred the appeal and also filed this Stay Application in connection with the said appeal. By the said interim order learned Single Judge restrained the appellants herein from making any further construction in relation to the building in question.
(2.) Coming to the factual matrix of the writ petition we find from the said writ petition and other annexed documents that the writ petitioners are the flat owners of "Ganges Shree Apartment" at 40, Dharma Das Kundu Lane, P.S. Shibpur, Dist: Howrah. The said complex consists of two 4-storied buildings in two blocks. The impugned order of injunction was passed by the learned Single Judge restraining the appellants/petitioners herein from making any construction although the competent authority of the Howrah Municipal Corporation sanctioned building plan for construction of additional floors.
(3.) It has been argued on behalf of the appellants/petitioners that the flat owners cannot raise any objection against the sanction of additional floor unless it affects structural stability of the building in question. The impugned interim order of injunction passed by the learned Single Judge is set out hereunder: "The deed of conveyance executed in favour of the writ petitioner contained a clear stipulation that the building shall be a four storied building that is to say, G+3 and that no further construction shall be raised. This stipulation is to be found in Clause 13 of the deed of conveyance a copy whereof is annexure P-1 to the writ petition. The learned Advocate appearing for the respondent Nos. 9 to 16, had no answer to offer as to why his clients committed breach of that covenant by seeking sanction for an additional storey or further seeking to make construction of the fourth floor. In that view of the matter, the respondent nos. 9 to 16, are restrained from making any further construction. Let affidavit-in-opposition be filed within four weeks, reply, if any, be filed within two weeks thereafter, and the matter be listed after eight weeks.";