SITALA PRASAD JAISWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ proceeding relates to Holding Nos. 25, 26 and 27, Shyam Nagar Road, being Premises Nos. 39, 39A and 39B, Shyam Nagar Road within the jurisdiction of South Dum Dum Municipality. The writ petitioners are the owners of the aforesaid premises.

(2.) The writ petitioners stated that there was a factory known as Hindusthan Iron & Steel commonly known as Rod-Kal in the adjacent area of the aforesaid premises. The writ petitioners claim that at the aforesaid premises, there never was a factory in existence or operational. It is the case of the petitioners that the aforesaid factory on the adjacent land of the aforesaid premises had also been shut down in or around the year 1960. The petitioners claim that at all material time the aforesaid premises has been used for residential purpose and even the factory shed was used for residential purpose.

(3.) On 7th June, 1991 the petitioners submitted a building plan to the South Dum Dum Municipality. By a letter dated 28th November, 1991 issued by the Vice Chairman, South Dum Dum Municipality the petitioners were directed to rectify the plan submitted by the petitioners following West Bengal Town & Country (Planning and Development) Act, 1979 (hereinafter referred to as the Town & Country planning Act). The petitioners were further directed to submit permission of competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Urban Land Ceiling Act) for development. The aforesaid letter dated 28th November, 1991 is set out hereunder: "No. SDM/6/8/XV. Office of the Commissioner of South Dum Dum Municipality Nagerbazar, Calcutta-74. From To Sri Haripada Ghosh, Sri Sitala Prosad Jaiswal & Ors. Vice-Chairman 88, Raja Ram Mohon Street, South Dum Dum Municipality Calcutta Dated: October 24, 1991 28.11.91 Re: Sanction of Plan No. 366 dated 7/6/91 submitted at holding No. 27, Shyamnagar Road Sir, This is to inform you that you are required to rectify the above mentioned plan following the West Bengal Town & Country (Planning & Development) Act, 1979. You are also requests to submit the permission of the competent authority of the Urban Land (Ceiling & Regulation) Act, 1976 for development. This is for your information. Yours faithfully, Sd/- Illegible. Vice-Chairman."