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2017 Supreme(Cal) 906

BISWANATH SOMADDER, ASHA ARORA
Pawan Kumar Chetani – Appellant
Versus
Amar Nath Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Saptansu Basu, Biswajit Konar, Debasish Das, Siddhartha Banerjee
For the Respondents: Amal Baran Chatterjee, Sasthi Charan Dhara

JUDGMENT :

Biswanath Somadder, J.

1. Let the affidavit of service filed in Court today be kept on record.

By consent of the parties the appeal is treated as on day's list and taken up for consideration along with application for stay.

The instant appeal arises out of a judgment and order dated 11th May, 2017, passed by the learned Single Judge in W.P. 5425 (W) of 2017 (Amar Nath Gupta & Ors. v. The Kolkata Municipal Corporation & Ors.).

2. The appellant before us was the private respondent No. 7 in the writ proceeding.

3. One Amar Nath Gupta and two others approached the writ Court challenging the action on the part of Kolkata Municipal Corporation in granting permission for construction of a gangway connecting one flat in a particular building with another adjacent building at premise No. 522, Parnasree Pally, Kolkata. The learned Single Judge considered the entire matter at length and also dealt with the meaning and interpretation of the word "building" in the context it appears under Rule 73 of the Kolkata Municipal Corporation Building Rules, 2009 under the peculiar and admitted facts. The learned Single Judge while considering this aspect of the matter also took into consideration t




















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