Document Fragment View

Matching Fragments

J U D G M E N T Dharmadhikari J.

By this appeal, the Howrah Municipal Corporation challenges the Division Bench judgment dated 05.9.1997 of the High Court of Calcutta whereby it has reversed the judgment dated 6.8.1996 passed in Writ Petition No.2561 of 1994 of learned Single Judge of that Court. The Division Bench has directed grant of sanction for construction of three additional floors to the multi-storeyed complex which is already constructed up to four floors belonging to respondent

- Ganges Rope Co. Ltd.

The learned Single Judge in his order found that although the sanction for construction for additional three floors to the existing complex, sought by the respondent  company, was delayed by the Corporation without any justification, its prayer for grant of sanction for additional three floors cannot be granted as the Howrah Municipal Corporation Building Rules 1991 framed under the provisions of Howrah Municipal Corporation Act 1980 (for short "the Act") have been amended and the resolution of the Corporation issued thereunder prohibit multi-storeyed construction above one plus two floors on G.T. Road, Howrah.

"I dispose of this application with a direction upon the Howrah Municipal Corporation authorities to consider and dispose of the petitioners' application for grant of sanction of the building plan submitted by them on 6th July, 1992, within a period of four weeks from date in accordance with the provisions of Howrah Municipal Corporation and the Building Rules.
In default, the parties are at liberty to mention the matter."

The period granted to the Corporation to decide the application for sanction was extended by a further period of three weeks by learned Judge on 28.5.1993. Since the Corporation did not either grant or refuse the sanction even within the extended time, the respondent approached the High Court again on 23.12.1993. The Court passed the following order :-

"It appears that sanction of building Plan within Howrah Municipal area is permissible up to ground plan 4th floor level and as contended on behalf of the petitioners even up to 7th floor level.' This submission made on behalf of the appellants is not disputed on behalf of the Howrah Municipal Corporation.
Having regard to the above, I dispose of the application by directing the Howrah Municipal Corporation to grant sanction to the petitioners' Plan submitted on 6th July 1992 up to the 4th floor level, if all the requirements are duly complied with by the writ petitioners. Such sanction must be given by the Howrah Municipal Corporation within one month from the date of communication of this order. The Howrah Municipal Corporation is directed to notify the petitioners the necessary sanctioning copies and the same is to be deposited by the petitioners upon being so notified.