CALCUTTA MUNICIPAL CORPORATION Vs. AMANULLA HALDER

JUDGEMENT

(1.) This appeal is preferred by the Calcutta Municipal Corporation against the judgment of a single Bench of this Court allowing the writ application of the opposite party whereunder the Deputy Architect, Calcutta Municipal Corporation, Zone (IV) was directed to consider the petitioner's application for renewal of the sanction of his building plan.

(2.) The respondent writ petitioner has, inter alia, pleaded that he submitted a plan for sanction of a new building construction on the premises No. T-15, Akra Road, Calcutta-700018, hereinafter referred to as the 'said premises'. The plan was submitted by the writ petitioner on or about December, 1985 in the office of the appellant Corporation in their Garden Reach Unit Office. The Corporation after due verification by their subordinate Officer sanctioned the plan on or about 1st April 1986 the copy of which has been annexed to the writ petition with a letter marked 'A'. While the writ petitioner was about to proceed with the construction there was a boundary dispute between him and a contiguous owner on the East, Shah Alam Halder for which the progress of the work was substantially thwarted. Therefore, the writ petitioner had approached this Court in another writ the Court appointed a special officer to demarcate the boundary.

(3.) The construction work of the proposed building hindered on account of the writ application. The writ petitioner again seems to have sent another letter for extension of the period of approval. He was also under the impression that the building plan shall remain valid or two years from the date of its sanction. The writ petitioner again sent a reminder on 20th July 1988 even then, it did not evoke any response from the appellant.