JUDGMENT :

Raja Basu Chowdhury, J.

1. Challenging the order dated 16^th September, 2025 passed by the Municipal Building Tribunal in BT appeal No. 182/2023, the writ petition being WPA 30010 of 2025 (hereinafter referred to as the first writ petition) has been filed. The petitioner also seeks to the challenge the order dated 5th April, 2024 cancelling the sanctioned building plan by filing the writ petition being WPA 30012 of 2025 (hereinafter referred to as the second writ petition). The matters were moved during the vacation bench citing extreme urgency.

2. A Coordinate Bench of this Court by an order dated 31^st December, 2025 considering the submissions made by the petitioner, the private respondent and the municipality had granted a limited protection to the petitioner by directing that there shall be no demolition till 8th January, 2026. The matters were since mentioned by the private respondent upon notice to the learned advocate for the petitioner and have accordingly come up for consideration. By consent of the parties, the matters are taken up for final disposal and heard analogously.

3. Mr. Chattopadhyay, learned advocate appearing in support of the above writ petitions at the very outset has, inter alia, attempted to contend that the petitioner is only a developer and has in accordance with the development agreement dated 4th June, 2013 executed between the petitioner on one hand and the owners of the property on the other, had constructed a G+4 storied building at premises No. 2H Radha Gobinda Saha Lane, P.S. Korea, Kolkata 17.

4. Mr. Chattopadhyay, learned advocate for the petitioners claims that though the municipal authorities on the basis of an order passed by the Additional Municipal Commissioner had purported to cancel the sanction building permit, however, the very order dated 4th April, 2019 whereby the mutation was cancelled by the by the Assessment Collection Department having been set aside by a Coordinate Bench of this Court by an order dated 12th June, 2019 in WP No. 9495 (W) of 2019 (Shakir Ali vs. Kolkata Municipal Corporation & Ors.), the demolition proceeding which proceeds on the basis of the revocation of the sanction building plan effected vide order dated 5th April, 2024 being based on the order dated 4th April, 2019, are a non-strata and should be quashed. Independent of the above, he would submit that in the instant case, the order passed by the Special Officer (Building) dated 11th June, 2023 is bad in law. The order passed by the Special Officer (Building) was without notice to the petitioner.

5. According to him, the construction carried out by the petitioner was in accordance with the sanction building plan, which was for construction of G+IV storied building. The deviations in the rear portion of the building were necessitated to create additional floors to accommodate the demand of the tenants in the existing structure which was being demolished. The demolition sketch plan relied upon by the Special Officer (Building) was never supplied to the petitioner and ordinarily the deviation could be regularized and that there was no valid reason for directing the entire building to be demolished.

6. Though, the petitioner had filed an appeal, the appellate authority did not consider the grounds appropriately. The order of the Tribunal is unsustainable and should be set aside.

7. In respect of the order dated 5^th April, 2024 cancelling the building plan which forms subject matter of the second writ petition, he submits that the said order was passed on the basis of the order dated 4th April, 2019, which has been set aside by order dated 12th June, 2019. In the light of the above the demolition should not proceed and the writ petitions should be allowed.

8. Mr. Chatterjee, learned advocate appears for Kolkata Municipal Corporation. He has clarified that the order impugned in the first writ petition has been passed not only on the basis of cancellation of the sanctioned plan but also in relation to deviatio