The central legal point established in the judgment is the significance of fundamental and individual rights under Article 226 of the Constitution, and the requirement of enforceable rights and locus standi for filing petitions.

JUDGMENT

Ravi Krishan Kapur, J. - all these writ petitions raise connected questions of law and fact and had been heard analogously by consent of the parties.

2. The common thread connecting all these writ petitions comprises of land measuring approximately 700 square meters situated at 227a, aJC Bose Road, Kolkata having frontage and a separate access gate from aJC Bose Road ('the premises'). The premises is separated by a 4.5 feet high brick wall from premises no.227a, aJC Bose Road which is a multistoried building named 'anandalok' having a separate driveway and its own access. The premises has been the subject matter of diverse litigation between the parties.

3. The petitioners in all these petitions are one, anandalok Welfare association and its Secretary. all the members of the petitioner association are also the owners of the 72 flats comprising of the multistoried building 'anandalok'. all the respective flats had been purchased by way of registered deeds of conveyance executed by the erstwhile promoter who was also the then owner of the entire premises.

4. In WP 492 of 2017, the petitioners have challenged a final order dated 24 May, 2011 as well as the order dated 6 april, 2017 passed by the Municipal Building Tribunal in appeal no.83 of 2004 which relates to construction of a boundary wall. In WP 990 of 2016, the petitioners have challenged an order of mutation dated 5 July, 2016 passed by the Chief Manager Revenue (South), Kolkata Municipal Corporation with respect to 700 square meters of land in respect of the premises. In WP 992 of 2015, the petitioners have challenged the mutation granted in respect of the premises.

5. Originally, the multistoried building 'anandlok' was constructed by one M/s Jenny Christensen S.a Ltd on a total area of 2839.273 square meters at premises no. 227 acharya Jagadish Chandra Bose Road, Kolkata- 700020 of which the covered area utilised for construction was 1438.207 square meters and the rest of the area including the premises was left vacant, in consonance with the then extant provisions of law.

6. The petitioners allege that, the premises is an inseparable part and parcel of the original premises. The petitioners also allege the respondent No. 6 in apportioning the plot from the uncovered area i.e., the premises, has had the same mutated in the name of M/s City Enclave, and now claims a separate assessee number in respect of the premises and has thereafter has also had a building plan sanctioned by Kolkata Municipal Corporation in respect of the premises.

7. The petitioners further allege that, by an order passed by the Urban Land Ceiling authorities, the premises had been initially kept vacant. In fact, at the time of purchase the premises was shown as a parking space for all the flat owners in a building plan which had been presented to all the members of the petitioner association. It is also alleged that the premises was shown in the map enclosed with the Deed of Conveyance executed by and between M/s Jenny Christensen (Service apartment) Private Limited and the respective flat owners. Subsequently, the respondent No. 5, M/s Jenny Christensen (Service apartment) Private Limited, enclosed the premises by constructing a 125mm brick wall surrounding the premises and the premises was sold to Neelambar Caterers Private Limited by a Deed of Conveyance dated 22nd January 2001.

8. On behalf of the respondent No 6, it is submitted that, the premises was never any part or portion of the Deed of Conveyance executed between the flat owners and M/s Jenny Christensen (Service apartment) Private Limited. It is further submitted that, subsequently, the premises has been sold to the respondent No.6 by M/s Jenny Christensen (Service apartment) Private Limited after complying with all the necessary formalities. It is also submitted that, the petitioner association was formed by the 72 flat owners for the maintenance of the anandlok Building and that no ownership rights were ever transferred to the associ