Nabanita Ghosh v. State Of West Bengal And ORS.

28.06.2024 Ct. No.14 Sl. No.26 KB In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 6649 of 2024 Nabanita Ghosh Vs.

The State of West Bengal & Ors.

Mr. Saikat Chatterjee ... For the petitioner.

Mr. Somnath Ganguly Mr. Priyamvada Singh ... For the State.

Mr. Pratim Priya Das Gupta Mr. Amit Dey ... For the respondent no.4.

Affidavit of service filed in Court today is taken on record.

The dispute arose between the petitioner and the respondent no.4 who are residing at the same premises but in different flats. An issue arose with regard to the use of the common areas.

A complaint was lodged by the petitioner before the police and allegation is that proper steps have not been taken in response thereto.

Learned advocate representing the private respondent denies the allegation of the petitioner.

The police appear to have conducted an enquiry and it was revealed that the private respondent objected to the ingress and egress of the students of the petitioner as she constructed a door by breaking open the base wall cum window without notifying the flat association committee.

The petitioner denies the aforesaid submission and submits that the base wall cum window was constructed by the promoter/developer from the very beginning and the petitioner never broke the wall as claimed by the police.

The petitioner installed multiple CCTV cameras in different parts of the building including common areas at her own cost but the petitioner was compelled to remove the CCTV cameras at the insistence of the private respondent.

The police requested both the parties to maintain peace and tranquility in the area. It has been submitted that currently the petitioner has taken a different room from where she conducts her tuition classes.

Prayer has been made to allow the petitioner to fix the CCTV cameras.

It will be open for the petitioner or any other flat owner to install CCTV cameras for their own safety and security.

Report filed in Court today is taken on record. The writ petition stands disposed of.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)