D.M. Dharmadhikari, J. - (1.) 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 the multi-sreyed complex which is already constructed up four floors belonging respondent - Ganges Rope Co. Ltd.
(2.) The learned Single Judge in his order found that although the sanction for construction for additional three floors 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-sreyed construction above one plus two floors on G.T. Road, Howrah.
(3.) The Division Bench of the High Court by the impugned judgment by taking a contrary view has held that sanction for construction of the multi-sreyed complex of respondent - company up fourth floor having been granted by orders of the High Court in the earlier Writ Petition with liberty reserved in favour of the company seek sanction up 7th floor, it was not open the Corporation refuse sanction only because after expiry of the stipulated period of sixty days provided in the rules for grant of sanction or refusal and expiry of the extended period granted by the High Court, Building Rules have been amended prohibiting construction of multi-sreyed buildings above third floor on the G.T. Road, Howrah.;