- (1.)The appellant (writ petitioner before the High Court) being aggrieved by the Division Bench judgment of the High Court of Calcutta where under the Division Bench overturning the decision of the single Judge has dismissed the writ petition has come up in this appeal.
(2.)On 19th January, 1990 Padima (II) Gram Panchayat sanctioned a plan to construct five stories (Ground floor + 4 floors) for the construction of Hotel Sea Gull through its owner Malay Kumar Guha under the West Bengal Panchayat Act, 1973. The Hotel comprising of ground floor and first floor constructed in pursuance of the said sanction is situated in Mouza Gobindabasan, District Midnapore, West Bengal. On 28th November, 1990 Government of West Bengal constituted. Digha Planning Authority-respondent No. 2 for the planned development of Digha Township, District Midnapore, West Bengal. By a Notification of the even date Government of West Bengal brought Mouza Gobindabasan under Respondent No. 2. In February, 1991 Respondent No. 2 notified guidelines for the development in Digha Planning Area - interim provisions under Section 56 of the West Bengal Town and Country (Planning and Development) Act, 1979 (hereinafter referred to as 'the 1979 Act') pending preparation of development plan for securing proper planning and development of Digha Planning Area.
(3.)On 7th June, 1991 Sushil Pal Chowdhuary and Dulal Pal Chowdhuary purchased the appellant Hotel (ground floor + 1st floor) from Malay Kumar Guha. In the first week of July, 1992 the appellant started construction of the second floor on the existing hotel building. Respondent No. 2 on 24th July, 1992 issued notice under S. 54 of the 1979 Act to the appellant requiring it to discontinue unauthorised construction of the building. In spite of service of the said notice the appellant did not stop further construction; so on 31st August, 1992, respondent No. 2, issued notice under S. 53(1) of the 1979 Act to the appellant to demolish the construction of the second floor of the said building and to remove the same within one month from the date of receipt of the said notice. The appellant did not submit the report to the said notice to Respondent No. 2. On 4th September, 1992 the appellant filed writ petition challenging the said notices before the Calcutta High Court. A single Judge on 24th September, 1992 passed interim order permitting the appellant to complete construction of second floor on the condition that it will not claim any equity whatsoever. On 22nd December, 1992 the single Judge allowed the writ petition and set aside both the notices and permitted the appellant to construct as per sanctioned plan of Gram Panchayat. Respondent No. 2 filed the appeal challenging the judgment of the single Judge.