MANOJ RUNGTA Vs. SOUTH DUM DUM MUNICIPALITY

JUDGEMENT

(1.) Affidavit -of -service filed in Court today be taken on record. In spite of service, nobody appears for the respondents except respondent nos. 5 & 7. Learned counsel for the petitioners is directed to serve copy of the writ petition upon the non -appearing respondents and file affidavit -of -service on the next date of hearing.

(2.) It is submitted on behalf of the petitioners that there is violation of mandatory building rules in the matter of grant of sanction and construction of the high -rise building. Mr. Tarafdar, learned senior counsel appearing for the petitioners draws my attention to the representation made at page 246 of the writ petition. For contra, Mr. Bandyopadhyay with Mr. Basu, learned senior counsels appearing on behalf of the respondent no. 7 submits that major portion of the construction was completed in the year 2013 -2014 and they have necessary permission from the civil aviation authority for making the construction. It is further submitted that completion certificate was duly issued by the concerned municipality after completion of construction. In reply Mr. Tarafdar submits that the sanctioned plan is ex facie contrary to the building rules as adequate vacant space had not been kept between the buildings as required under law.

(3.) In view of the nature of the allegations, I am of the view that the matter requires to be decided upon exchange of affidavits.