LAWS(CAL)-1992-6-13

GOUTAM ROY Vs. STATE

Decided On June 09, 1992
GOUTAM ROY Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The facts, inter alia, leading to this writ petition are that the petitioner owns property at 7/5 Burdwan Road, Alipore, Calcutta, with four independent dwelling units. The said independent units in the buildings are existing for more than last 5 years. The said property contains a passage measuring 792 sq. metres equivalent to 10 Cottahs 8 Chattaks 40 sq. feet, a horticulture measuring 488.00 sq. metres apart from the buildings.

(2.) On 17/12/1986, the petitioner applied to the Calcutta Municipal Corporation for sanction of a building plan and on 20/01/1987, the Building Committee of the Calcutta Municipal Corporation approved the said plan, but before releasing the same, the Building Committee wanted the petitioner to obtain a 'No Objection Certificate' from the Urban Land Ceiling Authority. On 4/03/1987, the petitioner applied for 'No Objection Certificate' to the Competent Authority under the said Act of 1976. It is the case of the petitioner that on 15/05/1987, the respondent No. 3 in C.O. No. 8213(W) of 1987 Ranjit Chatterjee, inspected the premises of the petitioner. The said premises is a plot and the passage leading to the main building and other dwelling units is the only way meant for ingress and egress of the said premises and water line, sewerage, electricity, telephone and all other essential items are passing through the said passage.

(3.) It has been alleged that the said Inspector, Ranjit Chatterjee to the utter surprise of the petitioner, in the course of his inspection on 15/05/1987, demanded gratification openly and threatened the petitioner that certificate of 'no objection' will be issued if the said gratification is paid. On 18/05/1987, the petitioner met the Competent Authority Shri Prabir Guha Ray at his office and reported him about the said illegal demand of gratification by his said Inspector, and wanted that the inspection be held by any Inspector other than the said Ranjit Chatterjee. On 19/05/1987, the said Inspector Ranjit Chatterjee again inspected the premises of the petitioner and in course of the said inspection, he refused to take note of the structures standing on the property. During July, 1987, the petitioner met the Competent Authority with his L.B.S. to obtain the 'No Objection Certificate', but it was reported by the said Shri Prabir Guha Ray that no such certificate can be granted without any gratification and on the contrary, adverse report will be filed. On 3rd/ 4/08/1987, the petitioner met the Competent Authority with the documents of title and the ancient documents relating to the particulars of the property and the details of measurement as to passage, garden etc. but the Competent Authority refused to take notice of any such documents.