JUDGMENT :

Joymalya Bagchi, J. 

1. Appellants had approached the Hon’ble Single Judge seeking cancellation of the order of demolition bearing No. BMC/LAW/BP/58 dated 04.05.2023.

2. The case of the appellants is as follows :-

3. The property in question comprises of a plot of land for an area of 3 cottahs 15 chittaks 12 sq. ft. within Mouza: Krishnapur, presently Ward No.17 under Bidhannagar Municipal Corporation (previously Ward No.26 under Rajarhat Gopalpur Municipality) being Premises No. AA-59, Prafulla Kanan (West), Krishnapur, P.S. Baguiati, Kolkata – 700 001. It is alleged the proforma respondents, who were the owners of the land, had entered into a development agreement with one Mantu Gupta and the latter had applied for sanctioning building plan to construct a G+4 structure. Rajarhat Gopalpur Municipality sanctioned the said building plan vide sanction serial No.312/11/12 dated 19.04.2011. Subsequently the owners entered into a development agreement with the appellants and the remaining construction of the building was completed as per the said plan.

4. Alleging that the construction of the G+5 structure on the land was unauthorised, Bidhannagar Municipal Corporation passed an o