Ajit Kumar Sengupta, J. - (1.) This appal is directed against the order passed by Bhagabati Prosad Banerjee, J. directing the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 that if there be any excess land under the said Act the authorities concerned should accord permission to the writ petitioners in accordance with law.
(2.) The facts of the case are shortly stated as follows : The respondents/writ petitioners are the owners of premises No. 26B, 26C, 27, 28 and 29, Dr. Suresh Sarkar Road, Calcutta-700-014. According to the writ petitioners there is no vacant land in excess of the ceiling limit in the said premises within the meaning of the said Act The said premises consisting of law with old buildings and structures According to the writ petition although it was not required to obtain permission from the Urban Land Ceiling Authority for development of the said property belonging to the writ petitioners, however, the writ petitioners made an application on 2nd February, 1987 for clearance under the said Act for construction of a residential apartments and/or complex at the said premises. The appellant, the purported authority under the Land Ceiling Act made an enquiry, but they did not issue any "no objection" certificate or any clearance certificate to the writ petitioners.
(3.) According to the writ petitioners the Competent Authority purportedly refused on the ground the State Government had issued directions or instructions or circulars to the effect that no permission and/or clearance under the Land Ceiling Act should be given to any person who is interested or making profit out of such construction.;