Debabrata Saha v. Serampore Municipality

Municipal Act, 1996 (West Bengal) – Section 218 – Demolition of the illegal construction – The Appellant had purchased the ground floor of the property in dispute. The conveyance relates to the ground floor of the two-storied building admeasuring a covered area of 950 square feet. The Appellant was permitted to use the common stair case, septic tank, open yard, separate water reservoir in common portion common passages, common drain in the ground floor along with roof right. The dispute pertains to the right of Respondent No.3 in making a construction on the roof of the first floor in which he resides. Any dispute relating to that right has to be decided by the civil court as held correctly by the High Court. Therefore, the Appeal is dismissed. AIR 2021 SC 4067 : 2021 (10) SCALE 43