BINANI METALS LTD Vs. CMC

JUDGEMENT

(1.) This is an application which was originally directed towards this end in view that the Calcutta Municipal Corporation while considering grant of sanction of the building plan of the writ petitioner in respect of 81 Netaji Subhash Road would not take into consideration certain development plans of the C.M.D.A. Annexure 'D' to the writ petition is the communication which was standing in the way of grant of Municipal permission to the writ petitioner.

(2.) What had happened was that in the extra ordinary Calcutta Gazette of Friday 27th of June 1986 a notice had come out regarding certain Outline Development Plans, of the C.M.D.A. The Municipal authorities on that basis and on the basis of their communications, of which Annexure 'D' to the writ petition is an example, were not inclined to grant building permission which might be inconsistent with the said C.M.D.A. plans if and when the same became finalised.

(3.) On the 17th of December 1987 an interim order was passed by this Court to the effect that the Municipal authorities were to grant permission under the Municipal Corporation Act 1980 and the relevant building rules without taking into consideration the said memo being Annexure 'D' provided the plan was in accordance with the provisions of the said Act and the said Building Rules. But actual building was not allowed.