Prolonged inaction on sanctioned road alignment plans justifies cancellation under statutory provision after ten years, upholding property rights against arbitrary municipal authority.

JUDGMENT :

RAI CHATTOPADHYAY, J.

1. The two writ petitions involved similar issues hence, have been heard together and are being decided by dint of the judgment as follows.

2. In writ petition No. WPO 400 of 2021, an order of the Chairperson, Board of Administrator, Kolkata Municipal Corporation dated February 23, 2021 is under challenge which is concerned with the premises No. 74A, Christopher Road, Calcutta-700046. In the other writ petition No. WPO 708 of 2021, an order of the Chief Valuer and Surveyor/respondent No. 4, Kolkata Municipal Corporation dated January 17, 2017 has been impugned. The said order of the respondent No. 4 in the said writ petition, is in respect of the premises No. 32, Pulin Khatik Road, Kolkata-700015.

3. The issue which is pertinent and involved in the instant writ petitions is whether the land purchased by the respective writ petitioners, which fall within the earmarked road alignment earlier determined by the respondent/Kolkata Municipal Corporation should be considered as a freehold land of the writ petitioners in order to the Kolkata Municipal Corporation be able to sanction plan for construction of building thereon.

4. It is necessary to discuss in a nutshell the relevant facts in both the cases. In WPO 400 of 2021, the petitioner has purchased the property by dint of a deed of conveyance dated August 21, 2015. He has recorded his name as the owner thereof in municipal assessment records and since thereafter, has been paying municipal taxes. By dint of a letter dated August 30, 2018, the petitioner has sought for information regarding the premises No. 74A, Christopher Road, from the Kolkata Improvement Trust. The reply of the Kolkata Improvement Trust vide letter dated October 11, 2018 is annexed with the writ petition. The same reveals that, after examining the building plan in comparison with the trust records, the Chief Engineer of the Kolkata Improvement Trust has stated that the concerned property was not “affected at present by any published/sanctioned Scheme/alignment of the Trust”. Therefore, on the basis of the same, the petitioner sought for obtaining Survey Observation Report before the respondent/Kolkata Municipal Corporation. The Department of Chief Valuer Surveyor, Kolkata Municipal Corporation has issued a Survey Observation Report dated August 7, 2019 stating therein as follows:-

“(1) KMC Alignment on abutting Road/Passage (if any) :

There is a 60'-00" Wide KMC sanctioned alignment (Plan No. 6108) on northern side abutting road and the premises is affected by the said alignment to an extent 32'-00" at point 'B'.

(2) Character of abutting Road/Passage:

The Road abutting on northern side of the aforesaid premises is recorded according to availability of records in this Department.

(3) Width of Abutting Road/Passage:

The Width of the road abutting on northern side of the aforesaid premises is 28'-00" (8.534 M) at point A-A' and 25'-00" (7.619 m) at point B-B' as per record.

5. The writ petitioner in WPO 400 of 2021 has stated that from the said report dated August 7, 2019, he came to know that from amongst the total area of 3 katha 2 chhitaks and 41 square feet of land purchased by him, a 60 feet alignment on the northern side of the plot exists, abutting the road and the premises. Also that, leaving aside the area of alignment as stated in the report, the petitioner would be left to enjoy only 1 katha 3 chhitaks of land from amongst the total land area purchased by him. Hence, by dint of a letter dated October 6, 2018, the learned advocate for the petitioner has sought for cancellation of the sanctioned alignment (Plan No. 6108 on the northern side abutting road), but to no avail. According to petitioner, in response to his application under the Right to Information Act, 2005 dated December 21, 2018, the respondent Authority has provided no information excepting that the plan of the projected street alignment Plan No. 6108 is declared as sanctioned.

6. The first writ petition No. WP 2266 (W)