SUKUMAR DEY Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution of India preferred by the petitioner is directed against the judgment and order passed by the learned Chairman, Municipal Building Tribunal on 15.2.05 in B. T. Appeal No. 14 of 2001.

(2.) The facts leading to filing of the instant application under Article 227 of the Constitution of India may briefly be stated thus.

(3.) Premises Nos. 12 and 13, Raja Rajendra Lal Mitra Road, Kolkata-700 010 which are adjacent premises belonged to the predecessor-in-interest of both the petitioner Sukumar Dey and Opposite Party No. 6 Jaya Addy and by way of inheritance the petitioner became owner of Premises No. 12, Raja Rajendra Lal Mitra Road and Opposite Party No. 6 became owner of Premises No. 13, Raja Rajendra Lal Mitra Road. Both the petitioner and Opposite Party No. 6 have been residing at the said respective premises. The petitioner constructed one room and one kitchen on the roof of ground floor of Premises No. 12, Raja Rajendra Lal Mitra Road at the time of repairing of the house without obtaining any sanctioned plan therefor and installed two windows in the said room. Opposite Party No. 6 also made unauthorised construction at her Premises No. 13, Raja Rajendra Lal Mitra Road. On the basis of the complaint lodged by Opposite Party No. 6 the corporation authority posted guard at the premises of the petitioner and issued stop work notice. Thereafter, the petitioner closed the said windows. As per case of the petitioner, since he closed those windows and did not make any construction thereafter, the municipal authorities being Opposite Party Nos. 1 to 5 withdrew such posting of guard.