ANIRUDDHA MUKHERJEE Vs. CHAIRMAN, KAMARHATI MUNICIPALITY

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, complaining illegal construction done by the respondent No. 2 pursuant to the purported building plan sanctioned by the Municipal authorities forming annexure P-3 of the present writ petition.

(2.) In order to decide on the issues involved in the writ petition, it is necessary to note down the facts leading to the instant case. The petitioner claims to have acquired interest in respect of a property which originally forms part of a property which was held by the predecessor in title of both the petitioner as also the private respondent No. 2 being Debi Prasad Mukherjee. The petitioner claims to have acquired interest in a portion thereof vide a registered deed dtd. 20/4/2022 which included acquisition of 1/3 share of land measuring an area of 490 sq.ft. together with pakka structure measuring 209 sq.ft. and 281 sq.ft. of vacant land on the ground floor in total 490 sq.ft. out of 2 khatas 30 sq.ft. forming premises No. 54/2 Nil Kantha Chatterjee Street North 24 parganas corresponding to L.R. Dag No. 347/348, Khatian No. 1038 of Mouza-Belghoria, P.S. Belghoria, North 24 Parganas.

(3.) On the eastern side of the petitioner's premises lies the property of the respondent No. 2. It would also transpire from the records that the respondent No. 2 had acquired interest in the property being holding No. 1030/2 mouza- Belghoria under ward No. 22 of Kamarhati Municipality. At the time when the property was purchased by the respondent No. 2 on 27/3/2017, the property was already constructed upon by the petitioner's immediate vendor namely, Probandho Kumar Mukherjee up to the first floor level. The said premises in question forms part of LR Dag No. 348. It appears that when the respondent No. 2 attempted to raise a construction on the basis of a sanctioned building permit over the 1st floor of the aforesaid building, the petitioner raised objection and claimed that the construction that is coming up is illegal and de hors the West Bengal Municipal Building Rules, 2007 (hereinafter referred to as the "said Rules").