JUDGMENT

Dharmadhikari, J.-By this appeal, the Howrah Municipal Corporation challenges the Division Bench judgment dated 05.9.1997 of the High Court of Calcutta whereby it has reversed the judgment dated 6.8.1996 passed in Writ Petition No.2561 of 1994 of learned Single Judge of that Court. The Division Bench has directed grant of sanction for construction of three additional floors to the multi-storeyed complex which is already constructed up to four floors belonging to respondent - Ganges Rope Co. Ltd.

2. The learned Single Judge in his order found that although the sanction for construction for additional three floors to the existing complex, sought by the respondent - company, was delayed by the Corporation without any justification, its prayer for grant of sanction for additional three floors cannot be granted as the Howrah Municipal Corporation Building Rules 1991 framed under the provisions of Howrah Municipal Corporation Act 1980 (for short "the Act") have been amended and the resolution of the Corporation issued thereunder prohibit multi-storeyed construction above one plus two floors on G.T. Road, Howrah.

3. The Division Bench of the High Court by the impugned judgment by