- (1.) This Mandamus-Appeal is at the instance of the unsuccessful writ-petitioners and is directed against the order dated 31st August, 2009 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ-application filed by the appellants in which the appellants prayed for mandamus directing the Kolkata Municipal Corporation Authorities to handover the internal house drain plan for constructing the internal house drain and connecting the said internal house drain with the Kolkata Municipal Corporation main drainage line through Alipore Park Place, Kolkata and also for quashing the alleged illegal demand of Rs. 1,02,56,014/- as claimed in the letter dated 7th April, 2009 being Annexure P-4 to the said writ-application.
(2.) Being dissatisfied, the writ-petitioners have come up with the present mandamus-appeal.
(3.) The facts giving rise to filing of the writ-application out of which the present mandamus-appeal arises may be summed up thus: (a) The appellant No. 1 is the owner of the property being Premises No. 9A, Alipore Park Place, Kolkata-27 (hereinafter referred to as the said property). The house drain of the old building was connected with the Corporation drain at Alipore Park Place which was at a distance of 130 metres. (b) In order to construct a new building after demolishing the existing one, the appellant No. 1 on 25th October, 2004 submitted an application for sanction of the building plan before the Kolkata Municipal Corporation. (c) The Kolkata Municipal Corporation Authorities being satisfied with the requirement of law, sanctioned the said building plan for construction of a Ground plus 27 storied building vide Building Permit No. 2005090006 dated 2nd May, 2005. (d) After obtaining the said sanctioned plan, the appellants, according to the provisions of law and the conditions contained in the said sanctioned plan, by a letter informed the Kolkata Municipal Corporation Authorities for commencement of construction of the building and subsequently, the structural construction of the said building had already been completed. (e) In order to obtain the assistance and service of the internal house drainage connection and for sanction of the internal house drain plan from the Kolkata Municipal Corporation, the appellants appointed an authorised plumber of the Kolkata Municipal Corporation and according to the advice of the said plumber, the appellants prepared the internal house drainage plan and the same was submitted before the Kolkata Municipal Corporation for sanction on 6th November, 2008. (f) On 18th February, 2009, the appellant deposited a sum of Rs. 2,05,684/- as inspection fee on account of internal house drain inspection fee and although the said plan was submitted on 6th November, 2008 and the internal house drain inspection fee was deposited on 18th February, 2009, no internal house drainage plan had been sanctioned as a result, the appellants were not in a position to commence the work of internal house drain. (g) In such circumstances, by a letter dated 3rd April, 2009, the appellants requested the Commissioner, Kolkata Municipal Corporation to look into the matter and to take necessary step so that the appellants could commence construction of the internal house drain plan according to the approved internal house drain plan. (h) By a Memo dated 7th April, 2009, the Executive Engineer (Drainage Department) (Civil), Borough-IX informed the said plumber that although the necessary documents for getting the permission of the internal house drain connection were submitted before the Kolkata Municipal Corporation, yet, as per the report of the Drainage Department of the Kolkata Municipal Corporation, the internal house drain connection of the said premises should be at brick sewer at Raja Santosh Road at a distance of 680 meters. It was further stated that, as huge quantity of sewer water were coming from the premises of vast area of land it could not be passed through the existing Corporation sewer line and in such circumstances, the appellants were directed to deposit a sum of Rs. 1,02,56,014/- including restoration charges fixed by the Borough-IX Office of the Kolkata Municipal Corporation. (i) According to the writ-petitioners, the aforesaid demand of Rs. 1,02,56,014/-was illegal and not tenable in the eye of law as the Kolkata Municipal Corporation Act or the Rules and Regulations framed thereunder did not authorise the Corporation to realise any amount from the owner of a house for the purpose of making construction of any drainage beyond the premises of such owner.;