Bhagabati Prosad Banerjee, J.

This appeal, filed by the Appellant, is against the judgment delivered by Satyabrata Sinha, J., passed on 26th September, 1994.

2. In the writ application, the writ petitioner opposite party, inter alia, prayed for issuance of a writ in the nature of Mandamus, directing the appellants to grant formal sanction of the building plan in terms of the decision already taken in this behalf by the Municipal Authorities.

3. The facts of this case for the purpose of this appeal is that the writ petitioner opposite party is the owner of the premises No. 39, Shakespeare Sarani, Calcutta, and filed an application for sanction of the building plan before the Calcutta Municipal Corporation on 11th October, 1988. 'No Objection' certificate from the Director of West Bengal Fire Services as well as from the Deputy Commissioner (Traffic) were obtained and filed. The Municipal Building Committee recommended the sanction of the said building plan on 30th December, 1988, subject to fulfilling of the three conditions land the same was communicated to the petitioner by letter dated 27.01.1989, by the District Building Surveyor, in which it was stated:

"This is a proposal