STATE OF WEST BENGAL CALCUTTA MUNICIPAL CORPORATION Vs. TERRA FIRMA INVESTMENT AND TRADING PRIVATE LIMITED :TERRA FIRMA INVESTMENT AND TRADING PRIVATE LIMITED

JUDGEMENT

(1.) Two appeals, one on behalf of the State of West Bengal and the other on behalf of the Calcutta Municipal Corporation, have been filed against the same judgment of the Calcutta High Court.

(2.) By the impugned judgment, the High Court has held that Calcutta Municipal Corporation (Amendment) Act, 1990 (hereinafter referred to as the Amending Act) was unconstitutional and a direction has been given to Calcutta Municipal Corporation to proceed to sanction the applications for proposed construction of buildings raising above 13.5 metres in height which were pending on 18-12-1988, in accordance with the Building Rules which were applicable on that date.

(3.) The Calcutta Municipal Corporation Act, 1980 (hereinafter referred to as the Act) came into force on 4-1-1984 by which the earlier Calcutta Municipal Act, 1951 was repealed. Under the Act, power has been conferred on the State Government to make rules for all or any of the matters connected with the Act, but till December 1990, no Building Rule under the Act could be made. By virtue of Section 635(2) (f) of the Act, Schedule XVI of the earlier Act which contained the Building Rules continued to remain in force under the Act.