A statutory authority cannot refuse permission for construction on the mere contemplation that the land may be included in a development plan, as this amounts to deprivation of property without the authority of law and is violative of Article 300A of the Constitution of India.

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 the petitioner made enquiries in the matter from the Municipal Authorities about the reasons for delay the petitioner was told by the Municipal Authorities about the reasons for delay that a 'certificate of no objection' from Calcutta Metropolitan Development Authority was necessary for sanctioning the plan in question and thereafter the petitioner filed an application before the Calcutta Metropolitan Planning Authority for permission for development under the provision of S. 46(3)(b) of the West Bengal Town and Country (Planning and Development) Act, 1979.

2. On 27th February, 1985, Shri C. K. Choudhury, Chief Physical Planner CMDA rejected the said application for permission for development. The said order was as follows :

"As no development has come into operation as contemplated under S. 46(3)(a) of the said Act, the application has to be disposed of on the basis of other material consideration as referred to under S. 46(3)(a) of the said Act. These considerations viz. that this plot would be important for providing space for surface dispersal facilities near Kalighat Metro Rail Station"

In the instant case, the respondent No.1 filed an affidavit-in-opposition stating that as the Calcutta Metropolitan Development Authority objected to the sanctioning of the said plan on the ground that the plot in question would be important for providing surface dispersal facilities near Kalighat Metropolitan Railway Station and had requested the Corporation Authority that no development permission for the plot No. 152, S. P. Mukherjee Road, Calcutta be given at this stage. It was further stated that the Calcutta Metropolitan Development Authority was the development authority under the West Bengal Town and Country (Planning and Development) Act, 1979 and such permission was to be obtained from the said authority. As in the instant case, the said authority had objected to the development of the said plot of land, the plan submitted to tile Municipal Authority could not be sanctioned. It was further stated that the Calcutta Municipal Corporation was bound by such objection made by the said Authority in the matter of sanctioning of the solid plan and that plan could not be sanctioned for construction und the permission in question till such time of the said objection had not been removed.

3. Mr. Mani Bhusan Sirkar, learned Advocate appearing un behalf of the petitioner, contended in the first place that under the provision of S. 44 of the West Bengal Town and Country (Planning and Development) Act, 1979 no person could use or permitted to be used any land or carry out any development in that area otherwise than in conformity with such development plan and as such according to Mr. Sarkar, if any development had been prepared in that event, the Calcutta Metropolitan Devel