KOLKATA MUNICIPAL CORPORATION Vs. ADYA RESIDENCY (P) LIMITED AND M/S. RAJVEER INFRASTRUCTURE REALITY PVT. LTD.

JUDGEMENT

(1.) This is an appeal against the judgment and order dated April 21, 2022 whereby WPO No. 275 of 2020 was disposed of. In effect, the writ petition of the Respondent No. 1 before us, was allowed.

(2.) A building plan was sanctioned by the appellant Kolkata Municipal Corporation (in short 'KMC') on February 21, 2015, in favour of the writ petitioner, thereby granting sanction for construction of a multi storied building at Premises No. 115/3, Hazra Road, Kolkata- 700025. The plan was valid for a period of 5 years.

(3.) Before the learned Single Judge as also before us, the writ petitioner contended, that on February 4, 2022, the officer-in-charge of the Kalighat Police Station verbally directed the petitioner to stop the construction work forthwith. A letter dated February 5, 2020, issued by the said officer-in- charge to the Deputy Commissioner of police, was placed before the Court from which it appeared that the officer-in-charge made a suggestion to the Deputy Commissioner of police to request KMC to issue necessary notice to the persons responsible to immediately stop the construction works in respect of certain properties in a particular zone which included the property of the writ petitioner. This was in view of the Municipal Circular No. 5 dated June 17, 2020, which imposed a restriction on the height of buildings in that particular zone.