Shampa Sarkar, J. - (1.) This writ petition has been filed for a direction upon the respondent Nos.1 and 2, that is, the Chairman and Board of Councillors of Diamond Harbour Municipality to take steps in terms of Sections 204 and 204A of the Bengal Municipal Act, 1993 against the construction made by the respondent Nos.5 to 7 on the plot adjacent to the petitioners' plots, with a further prayer for restraining the authority from taking any steps in regularizing the municipal records in the name of the respondent Nos.5 to 7 in respect of their land. The petitioners are owners of a three storey building on plots bearing Nos.1268, 1269 relating to R.S. Khatian No.143, L.R. Khatian No.1359, in Mouza-Dhanberia, Police Station-Diamond Harbour, Ward No.9, District-South 24-Parganas.
(2.) The facts of the case as stated in the writ petition in a nutshell is that the respondent Nos.5 to 7 were residing at the adjacent plot of land to the petitioners' land and had an old dwelling house in a dilapidated condition. Sometime in February 2011, the respondent Nos.5 to 7 started demolishing the dilapidated construction and raised a new construction. The said construction was causing obstruction to the free passage of air and light of the petitioners. Subsequently the petitioners came to know that the respondent Nos.5 to 7 did not have a sanctioned plan for such construction. Accordingly, complains were raised with the Chairman, Diamond Harbour Municipality. A stop work notice was issued by the respondent No.1 on February 25, 2011 to the respondent No.5. Challenging the inaction on the part of the respondent authorities in taking steps to stop such unauthorized construction the petitioners moved an application under Article 226 of the Constitution of India before this Court which was registered as W.P. No.4474 (W) of 2011. The said writ petition was disposed of with a direction upon the respondent No.1, that is, the Chairman, Diamond Harbour Municipality to consider whether the construction undertaken by the respondent Nos.5 to 7 were strictly in terms of the sanctioned plan or in the absence of a sanctioned plan or in deviation thereof.
(3.) Pursuant to the said direction the Chairman, Diamond Harbour Municipality issued a reasoned decision dated March 3, 2012 to the effect that the respondent Nos.5 to 7 had left clear space of 1.50 metres from the boundary wall on the basis of the approved plan and the allegation of the petitioners were false and baseless.;