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1985 Supreme(Cal) 401

BHAGABATI PRASAD BANERJEE
Samaresh Das – Appellant
Versus
Calcutta Municipal Corporation – Respondent


Advocates Appeared:
Mani Bhusan Sarkar for the petitioner;
Tapas Chandra Roy for the respondents.

ORDER

In the writ petition, the petitioner challenged the validity of the Memo dated 29th March, 1985 issued by the District Building Surveyor, District No. IV(P) of the Calcutta Municipal Corporation which is annexure 'E' to the petition and the order passed by Sri G. K. Choudhury, Chief Physical Planner, CMDA dated February 27, 1985 which is Annexure 'B' to the petition. The case of the petitioner is that the petitioner is the owner of the premises No. 152, Shyamaprasad Mukherjee Road, Calcutta 26 and that there was a structure on the said premises. The petitioner for the purpose of constructing a new building on the premises in question made arrangements with the tenants of the said premises and got the premises vacated and thereafter demolished the old pudding in question that were standing thereon. Thereafter, the petitioner submitted a plan for construction of a six storied building thereon before the Calcutta Municipal Corporation after obtaining 'no objection certificate' from the Metro Railway Authorities and the Calcutta Improvement Trust. The application for sanction of the building plan was submitted to the Calcutta Municipal Corporation on 29.2.84 and thereafter when th




























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