1. CHALLENGE in this petition is to an order passed by the Municipal Commissioner, Kolkata Municipal Corporation (hereafter the Corporation) holding that the plot of land which the petitioners intend to develop was a tank/water body and therefore the bar of section 17A of the West Bengal Inland Fisheries Act, 1984 (hereafter the Fisheries Act) is attracted. It was further held by him that since the petitioners had been gradually filling up the tank/water body, they shall restore the same in its original position.

2. THE impugned order is undated and has been forwarded to the first petitioner by the Executive Engineer (C)/PMU of the Corporation by his letter dated 19.4.2008. For the purpose of proper adjudication of the issue involved in this writ petition, the genesis of the dispute may be noticed.

3. THE first two petitioners are Joint Directors of M/s. Ornate Builders Private Limited, a company within the meaning of the Indian Companies Act, the third petitioner (hereafter the company). They claim that the company is the owner of a plot of land measuring about 10 cottahs 36 sq. ft. situate at 26A, Upendra Chandra Banerjee Road (formerly known as Kankurgachi Road) under P.