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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Rajan Kumar Prasad – Appellant
Versus
New Town Development Authority – Respondent
JUDGMENT :
Rajasekhar Mantha, J.
1. The present appeals are directed against a judgment and order dated 18th October 2023, passed by a Single Judge of this Court in writ petition being WPA 15903 of 2018. By the said judgment, the Single Bench dismissed the writ petition, refusing to pass any order of demolition in respect of the 16th tower, which was constructed as per the revised sanction plan granted by the New Town Kolkata Development Authority (NKDA) of the year 2015 (The original sanction plan was of the year 2007).
A. FACTS OF THE CASE
2. The facts relevant to the case are that sometime in the year 2007, one M/s. Keppel Magus Pvt. Ltd. (original developer) published brochures for the construction of a residential complex comprising about 15 towers, each having about 23 stories and containing 1278 flats. The complex known as “Elita Garden Vista” (EGV) was to contain several facilities like gardens, wide open areas, a swimming pool, water bodies, clubhouses, shopping areas and other comfort living facilities. There were 1688 car parking spaces. The plinth area of construction was 37,369.74 sq. mtrs. The total area of land allotted by the WBHIDCO for the project was 99,983 sq. mete
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