OM PRAKASH SAXENA Vs. DHIRENDRA NATH NAG

JUDGEMENT

(1.) The Appellant was Respondent No. 4 in the writ application and this appeal arises out of a judgment and order dated 28-11-96 passed by a learned single Judge of this Court in C.O. No. 6962(W) of 1996 allowing a writ application filed by the writ petitioner respondent, whereby and whereunder the authorities of the Panihati Municipality have been directed to take action under Chapter-XVII of the West Bengal Municipal Act, 1993 (hereinafter referred to as "the said Act"), to make reasonable and adequate provision for regulation and protection of Mollarhat Market and not to proceed with the sanction of the plan in the area and/or 1 places covered by the said market.

(2.) The subject matter of the writ petition was an old market situate at Agarpara in the District of 24-Parganas (North) wherein the petitioners sell their commodities. Some of the petitioners are said to have permanent shops therein and are monthly tenants under the appellants and/or their predecessor-in-interest. The said market belonged to the Debuttar Estate of Sri Sri Radha Ballav Jew. The shebaits of the said estate by an indenture dated 15th September, 1989 leased out the said property to the appellants for a period of 99 years. In terms of one of the covenants of the said indenture, the appellant was entitled to raise new structures.

(3.) In terms of the said covenants, the appellant filed an application, before the respondent-Panihati Municipality within whose jurisdiction the aforementioned market falls, for sanction of a building plan; an objection whereto was raised by the petitioners and others. Apprehending unlawful eviction at the hands of the appellant, the writ petitioners filed the aforementioned writ application claiming, inter alia, the following reliefs :-