JUDGMENT :

AMRITA SINHA, J.

1. The order passed by the Municipal Building Tribunal on 4th November, 2022 in BT Appeal No. 52 of 2021 dismissing the appeal preferred by the petitioner thereby affirming the order passed by the Special Officer (Building) in demolition case no. 12-D/Br-VI/16-17 in respect of premises no. 27 Pemantle Street, Ward No. 62, Borough VI of the Kolkata Municipal Corporation is impugned in the instant writ petition.

2. The petitioner and the private respondent no. 5 are co-tenants of the subject premises which is a waqf property. The petitioner occupies the first floor and the private respondent no. 5 occupies the second floor.

3. Protesting the illegal activity of the private respondent in constructing structures on the roof of the first floor without any sanction of the authority, the petitioner lodged complaint before the Corporation. As the complaint of the petitioner was not redressed a writ petition was filed before the Court being WP No. 839 of 2016. Order was passed in the said writ petition on 1st September, 2016 by directing the Corporation to initiate demolition proceeding as the Corporation issued notice under Section 400(1) of the KMC Act, 1980 and to