25-07-2025 WPA 10129 of 2025 AKG Ct. 15 Manashi Banerjee & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Raghunath Chakraborty, Ms. Mohona Das, Ms. Tanushree Das …for the Petitioners Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag, Mr. Tirthankar Dey …for BMC Mr. K. J. Yusuf, Mr. Bikash Goswami …for the State Ms. Mousumi Bhowal .;.for the added Respondent Ms. Mousumi Bhowal, learned advocate, seeks to intervene on behalf of the promoter of the building in question.

Let the petitioners implead the promoter of the building as a respondent in the present writ petition. Although the prayers of the writ petition have been differently couched, Mr. R. N. Chakraborty, learned advocate appearing for the petitioners, during the course of arguments, challenges a demolition order issued by the Bidhan Nagar Municipal Corporation dated April 4, 2025.

The Corporation contends that a sanctioned plan was originally approved for a G+3 storied building by the erstwhile Rajarhat Gopalpur Municipality. It is alleged that the promoter has constructed a G+5 storied building in violation of the sanctioned plan and sold the unauthorisedly constructed flats.

The petitioners claim to be flat owners occupying the

4th and 5th floors of the said building. They further contend that a completion certificate was issued by the Rajarhat Gopalpur Municipality in respect of the building, and based on such documentation, they were able to secure bank loans to finance the purchase of their respective flats.

The petitioners claim ownership of their respective flats on the basis of sale deeds executed between September

2014 and October 2021.

The promoter, however, disputes the Corporation’s stand and submits that a sanctioned plan was obtained for a G+4 storied building.

In light of the disputed facts and documents, which require adjudication upon exchange of affidavits, this Court is of the view that an interim order is warranted.

Accordingly, there shall be a stay on the operation of the demolition order dated April 4, 2025, for a period of three (3) months, subject to payment of a sum of Rs. 30 lakh by the petitioners and the added respondent (promoter) to the Corporation within a period of fifteen (15)

days from the date of this order, without prejudice to their rights and contentions.

Let the respondents file their affidavit-in-opposition within three (3) weeks from date; the petitioners may file their reply, if any, within one (1) week thereafter.

Let this matter be listed after four (4) weeks, along with WPA 9065 of 2025, under the same heading.

(Kausik Chanda, J.)