JUDGMENT :

Apurba Sinha Ray, J.

1. Being aggrieved and dissatisfied with the final judgment and order dated 01/07/2022 passed by the Hon’ble Single Judge in WPO No. 2187 of 2022, the appellant is before us.

2. The seeds of the present litigation were sown way back in the year 1984 when M/s. Mitra, Bhattacharjee and Associates purchased a plot of land of holding No. 46 which was being subdivided as 46C, Murari Pukur Road (Old), presently Biplabi Barin Ghosh Sarani comprising 9 Bighas 10 Cottahs and one Dr. Bhajan Chaudhuri being the Power of Attorney Holder of the said Associates and Secretary of Sri Aurobindo Abasan had developed the said land with the permission of the Kolkata Municipal Corporation. An agreement between KMC and the said Power of Attorney Holder was executed for the purpose of development of a private road on the aforesaid land on certain conditions in a time bound manner and subsequently as per Section 368 of the Kolkata Municipal Corporation Act the said private road measuring about 10.3 metres was taken over by the Kolkata Municipal Corporation. However, a resolution dated 16.04.1988 was adopted by the Mayor-in-Council Committee wherein it was stated that the dev