TAPAN BHATTACHARYA Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) In this writ application, the Petitioners have sought inter alia a writ of mandamus commanding the Kolkata Municipal Corporation authorities to revoke the sanction of a building plan for construction of a building at 19, Deshapriya Park Road, Kolkata-700 026, hereinafter referred to as the school premises, where a missionary school, Carmel Primary School is run.

(2.) The Petitioners claim to be the owners and/or occupants of Premises Nos. 21A, 21B, 21C, 21D, 21E, 21F and 21G, Deshapriya Park Road, Kolkata, adjacent to and/or near the school premises. The school premises earlier comprised a school building in front and vacant land at the back, which was used as a play ground. A building plan has been sanctioned for construction of a building on the vacant land at the back of the school premises and construction is in progress.

(3.) The writ application has been moved on the allegation that sanction of building plan has been obtained by fraudulently misrepresenting a private passage leading to Premises Nos. 21A, 21B, 21C, 21D, 21E, 21F and 21G, Deshapriya Park Road, Kolkata-700026 owned and/or occupied by the Petitioners, to be a public street.