SANJEEB CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Four writ petitioners are before the Court. They all describe themselves to be flat owners in the building complex at 1/1 Raja Rajendra Lal Mitra Road, Kolkata 700 085. Copies of the deeds of conveyance in their favour are annexed to the writ petition. Being flat owners, they also claim to be joint owners of the common areas of the building complex.

(2.) The tenth to fifteenth respondents are described as developers. The grievance of the writ petitioners is that the above private respondents, by making illegal construction, are converting a part of the common area into business places, bar and restaurant, party hall and so on. Being a residential complex, according to the writ petitioners, business activities cannot be carried on. Use as bar cum restaurant and a party hall is absolutely intolerable.

(3.) This sanction was obtained by the above private respondents behind the back of the writ petitioners and without their consent, it is submitted.