SABYASACHI BHATTACHARYYA,J. - (1.) Learned counsel for the petitioner files an affidavit-in-reply to the affidavit-in-opposition filed by the private respondent no.13 and objection to the report filed by the respondent-Municipality. However, the State has not been filed any opposition.
(2.) When the matter is taken up for hearing, learned counsel for the writ petitioner submits that the private respondent no.13 has violated the provisions of Section 2A of the West Bengal Municipal (Building) Rules, 2007 in converting the classification of a portion of the building-in-question to a commercial building, for the purpose of running an operation theatre, despite such disputed portion being an area on the second floor of the building, which was originally classified as residential.
(3.) It is further submitted that there is no legal provision for such conversion. Learned counsel for the Municipality submits that such conversion was permitted on the basis of no-objection being given by the developers, who were, at the relevant juncture, in occupation of the portion now occupied by the writ petitioner, which the writ petitioner subsequently acquired by purchase. ;