JUDGMENT :

The instant writ petition has been filed by the petitioners challenging the building permission issued vide NOC No.GPL/BP/16/120/27012016/104/1479 dated 28.10.2016 granted in favour of the respondent Nos.3 to 5.

2. From a perusal of the writ petition, it transpires that a suit was filed by the predecessor-in-interest of the petitioners against the respondent Nos.3, 4 & 5 along with one Smti. Golapi Talukdar. The said suit was registered and numbered as Title Suit No.316/2014. It appears from the record that that a Deed of Compromise was entered into on 31.03.2015 between the predecessor-in-interest of the petitioners with the respondent Nos.3, 4 & 5 along with two others. Although there are various Clauses in the Deed of Compromise, but relevant to take note of Clause Nos.1 & 2 which are reproduced herein under:-

1. That the SECOND PARTIES do hereby agree that they will provide a road/path over the SCHEDULE-B land measuring 14 feet in breath and 123.5 feet in length on the southern boundary of the SCHEDULE-B land and which is specifically described as SCHEDULED land and shown in Map enclosed with this Compromise Deed and coloured with blue colour.

2. That the SCHEDULE-D land