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2024 Supreme(Cal) 123

SAUGATA BHATTACHARYYA
Gopeshwar Iron & Steel Works Pvt. Ltd. – Appellant
Versus
Kolkata Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioners: Mr. Suvasish Sengupta, Mr. Arnab Dutt, Ms. Laboni Dey.
For the Respondents: Mr. Alak Kr. Ghosh, Mr. Gurudas Mitra, Mr. Debangshu Mondal, Mr. Arindam Banerjee, Ms. Arpita Saha.

JUDGMENT :

Saugata Bhattacharyya, J.

1. In the writ petition, inter alia, petitioners being the owners of office spaces and car parking spaces have challenged the order dated 5th April, 2012 passed by the Deputy Chief Engineer (Building) South of Kolkata Municipal Corporation (hereinafter referred to as “KMC”). The premises in question situates at 39A, Jorapukur Square Lane, Kolkata – 700 006. Respondent nos. 5 and 6 had obtained sanctioned plan on 22nd January, 2008 which is annexed to this writ petition and completed the construction and thereafter obtained completion certificate on 30th May, 2011 after completing construction of G+3 storied building in terms of the sanctioned plan. On different dates starting from 9th February, 2011 office spaces and car parking spaces were sold out by the private respondents in favour of ten petitioners by executing conveyance deeds. Some of the conveyance deeds are also a part of writ petition.

2. Petitioners allege that on finding car parking space at the ground floor of the building in question was being converted into office space denying the right of the petitioners to use their respective car parking spaces which was purchased by them by mak

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