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Judgment
Complaining illegal construction being carried out at the behest of the private respondent nos. 12 and 13, in respect of premises no.461, Barakhola, Ward No.109, Borough-XII, Kolkata -700099, the instant writ petition has been filed.
Mr. Ahmed, learned advocate appearing on behalf of the petitioners has drawn attention of this Court to the Partition Suit filed before the Court of 3rd Civil Judge, (Senior Division), Alipore, being Title Suit No. 43 of 1956 which has since been renumbered as T.S. 121 of 1962 and would submit that without the petitioners as co-owners in respect of the aforesaid property authorizing the other co-owners, no development work could have been undertaken by the co-owners through the private respondents. In any event, the sanction plan, if any, had been obtained without the authority of the petitioners as co-owners, no construction work can be undertaken on the basis thereof.
Though the municipality remains unrepresented, the private respondent no.12 is represented. Learned advocate representing respondent no.12 would submit that the private respondent no.12 has acquired interest in respect of the suit property by virtue of a deed of conveyance executed on 20th January, 2005 and the construction carried out at the locale is on the basis of the building permit duly sanctioned by the municipal authorities.
Let a copy of the aforesaid deed of conveyance as placed before this Court is taken on record.
Learned advocate for the respondent no.12 would also submit that the private respondent no.12 is asserting interest in the property, independent of the right of the petitioners, and as such no interference is called for. In any event, he would submit that this Court ordinarily ought not to enter into any disputed questions relating to title and on such ground the writ petition should be dismissed.
Having heard the learned advocates appearing for the respective parties and though the municipality remained unrepresented, I find that in the instant case, the petitioners have made a claim of illegal construction. The petitioners are also contending that the petitioners’ property have been illegally dealt with. Although, Mr. Ahmed, has insisted that a complaint has been lodged by the petitioners before the municipal authorities questioning the construction activity, from a perusal thereof, it does not appear that any complaint has been made by the petitioners under the provisions of Section 397 of the Kolkata Municipal Corporation Act, 1980, for this Court to direct the municipality to take action.
In the circumstances as aforesaid and noting that the construction is being carried out on the basis of a sanctioned building plan, in my view no interference is called for and the writ petition is accordingly dismissed.
This order shall, however, not interfere with the rights of the municipality to ensure that the construction is carried out in accordance with the sanctioned building plan.
The above order shall also not interfere with the rights of the petitioners to take appropriate steps as may be advised, in accordance with law.
Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities.