SUDHANSHU KR MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India challenging three orders, one dated 22nd June, 1978 passed by the Deputy Secretary to the Government of West Bengal, respondent No. 3, which is annexure 'c' to the writ petition, the second is the order passed on 25th July, 1978 by the same respondent which is annexure 'd' to the writ petition and the third is" the order passed by the same respondent on 20/25th June, 1980 which is annexure 'f' to the writ petition.

(2.) THE admitted position seems to be as follows : the petitioner owns an open plot being premises No. 32, Kalimuddin Sarkar Lane, Beliaghata, Calcutta-10 measuring about 523 Sq. Metres. The petitioner also owns premises Mo. 50b, Haldarpara Road, "calcutta 26 whereupon stands more than 126 years old ancestral residential house. The total land at the latter measures approximately 385 Sq. Metres out which the built up area is 276 Sq. Metres and the land appurtenant, which is required under the municipal laws not to be built upon is 109 Sq. Metres.

(3.) IT may recalled here that so far as the premises at 50b, Hardarpara Road, Kalighat, Calcutta-26 is concerned there is no vacant land and the only vacant land measuring about 523 Sq. Metres is situate at 32, Kalimuddin Sarkar Lane, Calcutta-10.