DEBASHIS ROY Vs. CALCUTTA MUNICIPAL CORPORATION

JUDGEMENT

(1.) Leave granted.

(2.) There is a property known as Vivek Vihar, Premises No. 13/3, Ballygunge Circular Road, Calcutta. The property is situated in a prime locality of the cosmopolitan city of Calcutta. The owner-cum-builder constructed the multi-storeyed building which, as we are told, consists of 7 storeys and 27 flats. When the building plans were initially sanctioned by the Calcutta Municipal Corporation, a substantial area on the ground floor was shown as parking space. We are told that during the course of the hearing that most of the flat-owners have purchased and paid for individual parking space. Nevertheless, the disputed portion of the ground floor was shown in the plan as parking space.

(3.) In the year 1994, the building owner is alleged to have entered into an agreement for sale of little less than 2000 sq ft area of the ground floor in favour of Respondent 6, M/s Maitry Resources Pvt. Ltd. It is also not in dispute that till date there is no deed of sale executed by the owner in favour of Respondent 6. On 19.02.2001, Respondent 6 moved an application to the Calcutta Municipal Corporation seeking change of use u/s. 416 of the Calcutta Municipal Corporation Act, 1980 (hereinafter referred to as "the Act"). The Corporation moved fast. The property was inspected. A demand for charges for converting the change of use was raised on 7.03.2001 and complied with on the same date by depositing Rs. 92,100.00. The revised plan was ready for release on 13.03.2001/14.03.2001 and was actually released on 14.03.2001.