VAISHALI MANEK Vs. CALCUTTA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioners are flat owners of a multi-storeyed building 'Vivek Vihar' situated at 13/3, Ballygunge Circular Road, Kolkata-700019. The grievance of the petitioners is directed against an illegal and unauthorised construction whereby an open space on the ground floor of the building has been converted to a commercial space.

(2.) Briefly, the respondent no.5 was the owner and developer of the premises and had constructed a building comprising of residential flats. The building was constructed in terms of a plan dtd. 18/5/1987 sanctioned by the Kolkata Municipal Corporation. The plan was for construction of a ground + partly 5 and partly 8 storied building meant exclusively for residential purposes. The ground floor of the building was always meant to be kept open. It is contended that in contravention of the sanction plan, a portion of the mandatory open space has been converted to a commercial space by putting steel structures and steel shutters to cover the same.

(3.) Upon the filing of this petition, an interim order dtd. 3/12/1998 was passed as follows: