Calcutta High Court
Orbit Towers Pvt. Ltd. & Ors vs Kolkata Municipal Corporation & Ors on 22 April, 2015
Author: Debangsu Basak
Bench: Debangsu Basak
WP No. 264 of 2015
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
ORBIT TOWERS PVT. LTD. & ORS.
Versus
KOLKATA MUNICIPAL CORPORATION & ORS.
Appearance
Mr. Anindya Mitra, Sr. Adv.
Mr. Raja Basu Chowdhury, Adv.
Mr. Kallol Saha, Adv.
Mr. B. Biswas, Adv.
Mr. Biswajit Mukherjee, Adv.
Mr. G.C. Das, Adv.
Mr. S. Chowdhury, Adv.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : April 22, 2015.
The Court : The writ petitioners have applied for sanction of a building plan in respect of premises no. 88A, B.L. Saha Road, Kolkata-700 053.
By a writing dated May 29, 2014, the Kolkata Municipal Corporation authorities have required compliance of 11 items noted therein for the Kolkata Municipal Corporation authorities to consider the proposal for sanction.
It is submitted on behalf of the writ petitioners that under the provisions of Section 396(2) of the Kolkata Municipal Corporation Act, 1980, the Kolkata Municipal Corporation authorities cannot ask for conversion of nature of land from the Block Land and Land Reforms Officer. In any event, the 2 Corporation authorities have noted the nature of use of the land in question to be that of a dwelling house and a vacant land.
The Kolkata Municipal Corporation authorities are represented. It is submitted on their behalf that the Kolkata Municipal Corporation authorities would consider the application for grant of sanction of the building plan on the basis of the record available with it in respect of the land in question.
I have considered the rival contentions of the parties and the materials made available on record.
The writ petitioners have applied for sanction of a building plan in respect of premises no. 88A, B.L. Saha Road, Kolkata-700 053. Such proposal was placed before the Municipal Building Committee. The municipal authorities thereafter had by a writing dated May 29, 2014 required the writ petitioners to comply with 11 items noted therein. The third item requiring compliance from the writ petitioners is the conversion of the nature of land from the Block Land and Land Reforms Officer.
Relevant extracts of the Municipal Assessment Book, Land and Building Assessment Department of the Kolkata Municipal Corporation have been annexed in the writ petition. It shows that the Kolkata Municipal Corporation authorities have considered the nature of use of the premises concerned to be a dwelling house and a vacant land.
So far as the insistence of a writing specifying conversion of nature of land from the Block Land and Land Reforms Officer is concerned, the Kolkata Municipal Corporation authorities are obliged to consider an application for grant 3 of sanction of a building plan in terms of Section 396 of the Act of 1980. The Kolkata Municipal Corporation authorities have been empowered to refuse grant of sanction of a building plan in Sub-Section (2) of Section 396 of the Act of 1980. The Corporation authorities cannot refuse to grant sanction on the ground that it requires a writing of conversion of nature of land from the Block Land and Land Reforms Officer as the same has not been made a ground of refusal under Section 396(2) of the Act of 1980.
The writ petitioners agree to comply with the other requisitions in the letter dated May 29, 2014 and any other valid requisition made by the Corporation authorities.
In such circumstances, the Kolkata Municipal Corporation authorities will consider the application for grant of sanction of a building plan submitted by the writ petitioners in respect of the property concerned without insisting upon a writing specifying the conversion of nature of land from the Block Land and Land Reforms Officer. The writ petitioners will, however, comply with any other requisitions made by the Kolkata Municipal Corporation in the letter dated May 29, 2014 and any other requisition made in accordance with law.
With the aforesaid directions, WP No. 264 of 2015 is disposed of. No order as to costs.
(DEBANGSU BASAK, J.) sg.