JUDGMENT :

ARIJIT BANERJEE, J.

1. This appeal is directed against a judgment and order dated July 8, 2022, whereby the appellant’s writ petition being WPA No. 13756 of 2021 was dismissed along with two connected applications.

2. The appellant/writ petitioner had approached the learned Single Judge contending that Kolkata Municipal Corporation (in short ‘KMC’) ought not to have sanctioned a building plan in favour of the respondent no. 5 DSK Real Estates Limited (in short ‘DSK’), permitting construction of a G+40 storied building at premises no. 34, Diamond Harbor Road, Kolkata. The ground urged by the writ petitioner before the learned Single Judge and also before us, was and is, that construction of such a high rise in the immediate vicinity of the Ordinance Depot situated at 40, Remount Road, Kolkata, is prohibited by the relevant Circulars issued by the Ministry of Defence (in short MOD) and, in any event, would breach/jeopardize the safety and security of such Depot. The prayers made before the learned Judge were for a direction on KMC to cancel the building plan sanctioned by it and also to direct KMC to issue restraint order upon DSK requiring it not to take further steps in fur