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2004 Supreme(Cal) 790

KALYAN JYOTI SENGUPTA
BASANA DUTTA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
DEBAL BANERJI, F0ZIA HAQUE, NABANITA ROY, Pinaki Banerji, SHILA SARKAR, Uttam Majumdar

K. J. SENGUPTA, J.

( 1 ) IN this writ petition, the petitioners have challenged the impugned order dated 3rd December 1999 passed by the Chairman South Dum Dum Municipality being the respondent no. 2 herein purported to be in terms of the judgment and order of the Division Bench of this Court in MAT No. 2139 of 1999 dated 30th September 1999. The controversy in the writ petition relates to the sanction granted by the Municipal authority to the revised building plan being No. 544 of 2nd January 1997. The fact of the case is briefly stated hereunder.

( 2 ) THE petitioners and each of them on or about 1994 entered into agreements for acquiring several flats which were then being proposed to be constructed, with the respondent Nos. 4 and 5 as the confirming party and respondent Nos. 7 and 8 as the vendors. In terms of the agreements the petitioners and each of them agreed to purchase and the vendors as well as the confirming parties agreed to sell the respective flats having specified area together with all rights and facilities, which include car-parking facilities and proportionate share in the land. The respondent Nos 4, 5 and 6 on the strength of the power of attorney for and on






















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