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1990 Supreme(Cal) 433

Bimal Chandra Basak, Tarun Chatterjee
Calcutta MetmpoUtan Development Authority – Appellant
Versus
Ratna Banerjee – Respondent


Judgment

Tarun Chatterjee, J.

1. The present appeal is directed against an order dated 29th June, 1987 passed by a Single Judge of this Court on an application filed by the appellant (Calcutta Metropolitan Development Authority) for recalling and/or modification of the order dated 18th March, 1987 passed by him in a Writ proceeding.

2. The facts of the present case are as follows :

The petitioner purchased two cottahs of land being a part and portion of premises No. 15, Dum Dum Road, Calcutta-30 (subsequently referred as 31/2A Birpara Lane, Calcutta) for valuable consideration by a registered deed of sale dated 16th August, 1984. After purchase of the same, the petitioner filed an application for mutating her name in the records of the Calcutta Municipal Corporation (hereinafter referred to as the CMC) and on mutation and separation by the CMC the said premises case to be numbered as 31/2A, Birpara Lane, Calcutta. The petitioner thereafter on or about 24th February, 1985 for the purpose of constructing a residential house. of her own submitted a building plan before the CMC.

The CMC in its turn directed the petitioner to obtain a 'No objection' Certificate from the Calcutta Improvemen















































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