JUDGMENT :

Moushumi Bhattacharya, J.

1. The petitioner is an association of apartment owners registered under the West Bengal Apartment Ownership Act, 1972. The petitioner’s cause of action arises out of a Development Agreement dated 24.02.2006, executed between the West Bengal Housing Infrastructure Development Corporation (HIDCO) and Rosedale Developers Private Limited (respondent no. 6/developer), for development of a residential project at New Town, Kolkata. The residential project was named “Rosedale Garden Complex”.

2. The other parties before the Court are the New Town Kolkata Development Authority (NKDA) which was formed with effect from 24th June, 2008 and the respondent no. 4 being the West Bengal Housing Infrastructure Development Corporation. The respondent nos. 7-9 is M/s. Rosedale Plaza are the owners of a commercial plaza constructed inside the residential complex.

3. The petitioner prays for stay/quashing of an order passed by the New Town Kolkata Development Authority dated 27.02.2019 and a direction on the said respondent to demolish the construction made by Rosedale Plaza (respondent nos. 7-9) within the residential complex. The petitioner urges that the commercial c