( 1 ) THE petitioner has applied for sanction of building plan in respect of a premises which was separated through mutation since been allowed by the Corporation. It is alleged that the portion owned by the petitioner is not a manufacturing unit whereas the other separated portion contains a manufacturing unit. The petitioner proposed to raise a building on his own separated portion which is not a manufacturing unit. The Corporation instead of refusing or granting sanction had required the petitioner to obtain a 'no Objection Certificate' from the Industrial Reconstruction Department. This direction by the Corporation for obtaining 'no Objection Certificate' from the Industries Department and the delay or default either in sanctioning or refusing the plan the petitioner has invoked writ jurisdiction.

( 2 ) MR. Saktinath Mukherjee, ld. Sr. Counsel had pointed out that as soon an application for sanction is made it is incumbent on the Corporation either to refuse or to grant sanction. It cannot sit over the matter neither can it delay the same indenfinitely. Relying on Section 395 of the Calcutta Municipal Corporation Act, 1980 he contends that it can refuse sanction