S.B.SINHA, J. - (1.) QUESTIONS of some importance arise for consideration in this application filed by the respondent-herein under sections 30 and 33 of the ARBITRATION AND CONCILIATION ACT, 1940 questioning an award dated 29.4.2002 passed by three learned arbitrators appointed by this Court. BACKGROUND FACTS:
(2.) ARMY Welfare Housing Organization (for short 'AWHO') and Sumangal Services Pvt. Ltd. (for short 'Sumangal') entered into an agreement for development of land and construction of a composite housing project on a turnkey basis on approximately 17.9 acres of land situate on the VIP Road, in the town of Kolkata. For the said purpose a draft agreement initially drawn up was given finality by Articles of Agreement dated 28.8.1993. Certain terms and conditions, however, had been altered therein with mutual consent. The project was envisaged to be completed in three phases. Considerable progress was made in the matter of construction of work in phase I. The plots where the said work was being carried out fell under the local administration of Gopalpur Arjunpur gram panchayat. The building plan for phase I was sanctioned by the said Gram Panchayat in September, 1991 in terms whereof 11 blocks of houses could be constructed. The said area, however, became a municipality in terms of the West Bengal Municipal Act,. 1932 known as Rajarhat Gopalpur Municipality. West Bengal Municipality Act, 1932, however, was repealed and replaced by West Bengal Municipal Act, 1993. It is not in dispute that pursuant to or in furtherance of the said agreement Sumangal entered into negotiations with the owners of the agricultural lands for sale thereof wherefor sale deeds in respect of 2.32 acres of land were executed by the owners in favour of AWHO. Sumangal received the amount for consideration from AWHO paid to the owners upon furnishing a bank guarantee as also subject to the condition that it will get the said land converted into bastu.
(3.) LANDS measuring about 13 acres had already been converted into bastu. On or about 8.12.1994, an application was made by AWHO for modifications or revisions in the master plan wherefor a revised master plan was submitted for approval of the municipality stating: JUDGEMENT_300_JTSUPP2_2003Html1.htm According to Sumangal, despite the fact that no building plan was filed or sanctioned for phase II and phase III but as per instruction of AWHO it proceeded with the construction of phase II. Such an application was filed for the first time on 19.5.1995. It stands admitted that the proposed height of the towers was more than the permissible one.;