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Judgment
Arindam Sinha, J
Petitioner no.2 appears in person and moves the writ petition on urgent basis.
He submits, petitioner no.1 is his father. They are residents of the area / locality where private respondents are causing construction on roof of existing building, without sanction plan. On service of the writ petition, the Municipality issued verbal direction upon private respondents to stop construction. Presently, taking advantage of normalcy suspended, construction has resumed, which is why the urgency. He files affidavit-of-service.
Drawing attention to communication dated 12th September, 2019, being answers to queries put under Right to Information Act, 2005, he demonstrates the Municipality having had said, no building plan has yet been submitted for premises 5, T. N. Biswas Road, Dakshineswar. He hands up certified copy of deed of conveyance dated 17th February, 2016, by which private respondents have purchased open roof as per second schedule therein, of the building being premises 5, T. N. Biswas Road, Dakshineswar. The second schedule is reproduced below:-
"THE SECOND SCHEDULE ABOVE REFERRED TO
(Description of the entire Open Roof hereby conveyed)
ALL THAT entire roof of the Ground Floor, measuring a super built up area 417 Sq. ft. more or less with construction right cemented flooring at Premises No.5, T. N. Biswas Road, Kolkata - 700 035, in the District 24 Parganas (North), together with undivided proportionate impartiable share and interest in the land underneath the building together with undivided right in common areas and facilities, together with all easement, quasi - easement rights attached thereto together with entire roof right, staircase, and common areas and common facilities, right of access, right of way, right of support protection and right of passage in common and delineated in the map or plan annexed herewith and therein bordered by RED colour."
Certified copy is returned to petitioner.
Relevant statements under oath are in paragraphs 5 and 8 of the petition. Prima facie, it appears, there are acts of omission and commission on part of respondents in causing construction on top of existing building, without sanction plan. Pages 25 and 26 are photographs, which have been introduced by pleadings in the petition.
A directive in notification dated 15th March, 2020 issued by Registrar General is reproduced below:
"Till the present situation persists, no adverse/default orders be passed in matters where parties are found to be absent. This will apply even to matters listed on Monday, the 16th March, 2020."
A party has appeared and brought to notice of Court certain glaring facts rendering prima facie satisfaction, for orders being made. The Municipality is directed to forthwith ensure no further construction takes place in premises 5, T. N. Biswas Road, Dakshineswar. It will enforce this order with police assistance, if necessary.
Respondents are at liberty to plead for vacation or variation of the order on dispelling the prima facie satisfaction. For that purpose, list on 23rd March, 2020 under heading "Specially Fixed Motion" marked at 10.30 a.m.