ATMARAM KANORIA Vs. L K R PRASAD

JUDGEMENT

(1.) Per Chief Justice (Oral) - In order to appreciate the issues arising for decision in this Contempt Petition, it is necessary to set out the facts in some detail.

(2.) The petitioners are the owners of a property being land with superstructures bearing premises No 14, Ballygunge Park, Calcutta. They intended to demolish the existing superstructures and to raise a twelve storied residential building on the said premises. They, therefore, submitted the requisite sets of Budding Plans for sanction to the Calcutta Municipal Corporation, hereinafter referred to as "the Corporation Authorities", on or about August 26, 1987. The Building Plans were "accepted conditionally for further scrutiny" subject to certain conditions by the Corporation Authorities. From time to time thereafter certain objections/requisitions were served upon the petitioners and they are stated to have been duly complied with by the submission of revised Building Plans, whenever necessary or required.

(3.) It is the case of the petitioners that the matter ultimately went up to the Municipal Building Committee which raised certain additional points and required certain further modifications being carried out in the Building Plans. In order to avoid dispute and delay, according to the petitioners, they submitted further revised Building Plans. Once again, however, the Municipal Building Committee raised further objections which were communicated to the petitioners. They thereupon intimated that the matters raised by the Municipal Building Committee had already been taken care of and that, if necessary, they were prepared to give registered undertakings not to make any construction on a portion of the ground floor within its 5.9 meters height.