The court affirmed the principle that statutory authorities must obtain the consent of all property owners before sanctioning additional construction, particularly when ownership rights are contested.

JUDGMENT :

Rai Chattopadhyay, J.

1. The three appeals have arisen assailing a judgment and order of a learned Single Bench, dated December 15, 2016. Those are numbered as APO 45 of 2017, APO 46 of 2017 and APO 47 of 2017, respectively. All the three, as above have been heard analogously. Those are being disposed of by dint of this common judgment.

2. A writ petition being No. W.P.No.880 of 2011, was filed by two petitioners namely, (i) Larica Inn Private Limited (henceforth referred to as “Larica”) and (ii) Kanu Paul Chowdhury. The respondents, excepting the State respondent, were (i) Sweet Hut Super Construction (henceforth referred to as “Construction”), (ii) Mangaldeep Nursing and Diagnosis Private Limited (Henceforth referred to as “Mangaldeep”), (iii) Dev-ALL Private Limited (henceforth referred to as “Dev-All”).

The said writ petition was disposed of by the Hon’ble Single Bench, vide the impugned judgment dated December 15, 2016 – which is under challenge, in these appeals.

“Dev-ALL” is the appellant in APO No.45 of 2017, whereas “Mangaldeep” is the appellant in APO No.46 of 2017 and “Construction” is the appellant in APO NO.47 of 2017.

3. Before attempting to go into the details of the judgment impugned in this writ petition, the factual background of the case may be mentioned in a nutshell for better understanding of the dispute involved in this case.

“Dev-All” had purchased the property situated at the premises No. 41, B. B. Ganguly Street (henceforth referred to as the “said premises”). A joint venture agreement was entered into by “Dev-All” with the developer, that is, “Construction”, for construction of a multi-storeyed building comprising several flats therein. It was agreed that the respective portions of the constructed new buildings would devolve upon the owner “Dev-All” and the developer, in accordance with their respective shareholding, as agreed upon in the said agreement. A building plan was sanctioned by the Kolkata Municipal Corporation (respondent Corporation and hence forth referred to as such), on May 18, 2005. Hence, one five storeyed building, comprising the basement and four separate storeys there upon, came into being, the respective portions of which duly devolved upon the owner and the developer, in accordance with their respective shareholding. “Larica” had entered into the scene thereafter, upon purchase of a portion of the said building from “Dev-All”. Three conveyance deeds were executed on July 11, 2009. “Larica” had purchased the following portions of the said property, by dint of the said three registered deeds:

i.) 3954 sq.ft. of super built-up area;

ii.) seven car parking space at the basement comprising an area of 1200 sq.ft.;

iii.) the first floor containing a super built-up area of 2754 sq.ft. together with the proportionate share of land;

iv.) 2700 sq.ft. on the second floor of the premises, including an open space, together with the proportionate share of land;

v.) The third floor of the building comprising of an area of 2700 sq.ft. and 50% of the open roof, containing an area of 4773.5 sq.ft., together with the proportionate share of land.

The developer “Construction”, has been a confirming party in all the said three deeds of conveyance.

4. “Larica” has mutated the said property in its name after duly remitting the property ta