B.P. Jeevan Reddy, J. - (1.) Leave granted. Heard counsel for the parties.
(2.) The appeal is preferred by the Calcutta Municipal Corporation against the judgment of a Division Bench of the Calcutta High Court dismissing F.M.A.T. No. 1718 of 1992 which was directed against the judgment of a learned single Judge allowing the writ petition filed by the respondents. The matter pertains to the grant of permission for construction of a multi-storeyed building in the South Suburban area of Calcutta.
(3.) Until January 4, 1984, the Calcutta Municipal Corporation Act, 1951 governed the area then comprised in Calcutta Municipality. the South Suburban area, with which we are concerned herein, was not a part of Calcutta Municipal Corporation area until that date. It was an independent municipality, governed by the Bengal Municipal Act, 1932. On January 4, 1984, the South Suburban municipal area along with certain other municipal areas was merged with the Calcutta Municipal Corporation area and a new Act viz., The Calcutta Municipal Corporation Act, 1980 was brought into force in place of the Calcutta Municipal Corporation Act, 1951. Even so, the new Act governed and applied only to the original Calcutta Municipal Corporation area but not to the newly added areas including the South Suburban area. Since regulations governing the construction of buildings were not framed under the 1980 Act, the regulations made under the 1951 Act continued to govern the original Calcutta Municipal area, while the Bengal Municipal Act, 1932 including the regulations made thereunder continued to govern the newly added areas including South Suburban area, by virtue of Section 635(ii)(g) of the 1980 Act.;