A.K.SENGUPTA
RAM NATH MEHRA – Appellant
Versus
CALCUTTA MUNICIPAL CORPORATION – Respondent
( 1 ) THE Court : The petitioners are the owners of a portion of premises No. 48/1b, Leela Roy Sarani, Calcutta. They submitted a plan to the respondent No. 1, Calcutta Municipal Corporation, for construction of a small one storied house for their own residential purposes.
( 2 ) THE petitioners claim to have complied with all the formalities as required under the Calcutta Municipal Corporation Act, 1980 (hereinafter referred to as the said Act) and the rules and bye-laws framed. thereunder and furnished all information which were prescribed under the said Act or the said Rules and bye-laws. The respondent Authorities, however, have failed and neglected to sanction the said building plan even after the lapse of two months.
( 3 ) BY a letter, dated 17th February 1987 the Municipal Authorities informed the petitioners that the plans and application submitted under Sections 393 and 394 thereof of the said Act and Rules. 47 to 50 thereunder might. be accepted conditional upon further scrutiny and subject to their fulfilling certain conditions. One of the conditions was compliance with the provisions of Urban Land Ceiling Act. Apart from the said condition, the
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