Sengupta, J.

This application arises out of the appeal preferred by the Calcutta Metropolitan Development Authority (hereinafter referred to as ‘C.M.D.A.’) against the interim order dated October 30, 1987, passed by the Court of the first instance.

2. By consent, the application has been treated as an appeal. The parties have agreed that the decision in this appeal would virtually dispose of the writ petition. We have, therefore, heard the elaborate arguments which have been advanced by the learned Counsel appearing for the parties.

3. It is necessary to set out the facts. The first respondent (hereinafter referred to as the ‘company’) moved a writ petition out of which the present appeal arises. The case of the Company in the writ petition is as under :

The Company has been carrying on business as hotelier. The Company runs a Five-Star Hotel known as “The Oberoi Grand”. The building complex of the said hotel comprises of several premises nos. such as 15A, 15/1, 15/2, 15/3, 15/4, 15/6, 15/7, 15/9, 16/2, 16/3, 16/5 & 17 Jawaharlal Nehru Road ; 1A, 2A, 3 & 4 Bertram Street ; 6A, 7B, 8A, 9A & 9B Chowringhee Place and 4 Humayun Place and has the unique advantage of having public ro