SHYAMA CHARAN CHAKRABARTY Vs. NANDA LAL CHATTERJEE

JUDGEMENT

(1.) In stead of hearing the stay application, with the consent of the learned Counsel for the parties we have taken the appeal itself for final disposal by treating the appeal as on day's list.

(2.) In view of the nature of controversy involved in the two appeals as well as the writ petition, with the consent of the learned Counsel for the parties, we have taken up the writ petition as well by treating it as on day's list. Both the appeals with Writ Petition are being disposed of by this common judgment.

(3.) The appeals are directed against the interlocutory order dated 15th September, 2009 of the learned Single Judge in Writ Petition No. 7514 (W) of 2009 by which the learned Single Judge restrained the Asansol-Durgapur Development Authority that no further construction be carried out in any of the areas marked green and designated as open space in the original site plan relating to Urvashi Complex.