SOUMENDRA NATH SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the present writ petition the petitioner prays for a writ in the nature of Mandamus commanding the respondents nos. 2 to 5 to renew the sanctioned plan in question, and for other reliefs. The case of the petitioner in short is that he is the absolute owner of the premises at 30A, Kalighat Road, Kolkata 700 025 after purchasing the same through a registered deed of sale on October 6, 1978. He applied to the concerned department of the Kolkata Municipal Corporation ('the Corporation', for short) for sanction of the building plan on the said premises and the building plan was sanctioned on December 5, 1981.

(2.) According to the petitioner he could not start the work of construction as there was a litigation over the property and the court had passed an order of injunction restraining the petitioner from demolishing the structure over the land in question. Subsequently, in June 1986 the court allowed the petitioner to carry on the work of demolition on the northern side of the premises and he started the construction work and informed the City Architect of the Corporation by a letter dated April 28, 1987.

(3.) The sanctioned plan was renewed by the Corporation for a period of five years with effect from December 5, 1986 for which no fee was required to be paid. The Constituted Attorney of the petitioner wrote a letter dated December 4, 1991 to the City Architect of the Corporation wherein he had mentioned that in view of the ejectment suit filed by the petitioner against the tenants it was not possible for him to proceed with the work of construction and that the original sanctioned plan was in the custody of the court.