KAMAL MODI Vs. KOLKATA MUNICIPAL

JUDGEMENT

(1.) The writ petitioner claims to be a co -owner of Premises No. 95/N(renumbered as 78), Nalini Ranjan Avenue, 'E' Block, New Alopire, Kolkata - 700053. The respondent no. 8 being the private respondent contends that the writ petitioner is not a co -owner but only a tenant. However, this Court for the time being need not go into such dispute.

(2.) The contention of the writ petitioner is that the private respondent is constructing a lift at the said premises which is not in accordance with the Rules and Regulations of the Corporation and even otherwise is prejudicial to the structural stability of the building in question and to the interest of the petitioner.

(3.) The petitioner had approached this Court by filing WP 3482(w) of 2016 with a similar grievance. By an order dated 12th April 2016 this Court had referred the dispute between the parties to the respondent no. 7 herein, being the Executive Engineer (Building), Kolkata Municipal Corporation, Borough -X, for a decision as to whether or not the sanction of the plan to construct the lift was lawful or whether the lift is blocking ingress and egress of the petitioner. The respondent no. 7 was directed to pass a consequential order, if necessary. The respondent no. 7 held hearing and passed an order dated 21st May, 2016. The said order is under challenge in the present writ petition.