JUDGMENT

Bhan, J.-The appellant (writ petitioner before the High Court) being aggrieved by the Division Bench judgment of the High Court of Calcutta whereunder the Division Bench overturning the decision of the Single Judge has dismissed the writ petition has come up in this appeal.

2. On 19th January, 1990 Padima (II) Gram Panchayat sanctioned a plan to construct five stories (Ground floor + 4 floors) for the construction of Hotel Sea Gull through its owner Malay Kumar Guha under the West Bengal Panchayat Act, 1973. The Hotel comprising of ground floor and first floor constructed in pursuance of the said sanction is situated in Mouza Gobindabasan, District Midnapore, West Bengal. On 28th November, 1990 Government of West Bengal constituted Digha Planning Authority-respondent No. 2 for the planned development of Digha Township, District Midnapore, West Bengal. By a Notification of the even date Government of West Bengal brought Mouza Gobindabasan under Respondent No. 2. In February, 1991 Respondent No. 2 notified guidelines for the development in Digha Planning Area - interim provisions under Section 56 of the West Bengal Town and Country (Planning and Development) Act, 1979 (herei