- (1.) The Court.-This is an application seeking to challenge a refused of sanction on the part of the Calcutta Municipal Corporation, the said refusal being communicated by the impugned document (being Annexure "B" to the petition) dated 29.3.1980/16.4.1990. By the said refusal of sanction the Municipal authorities have called upon the writ petitioners to submit a registered undertaking for non-eviction of the tenants as stated in the application form.
(2.) In the application form lodged by the writ petitioners, under item 26, the writ petitioners had put in the particulars, of the tenants who are now admittedly in occupation and the petitioners had also stated that registered undertaking would be filed. Particulars of that prospective undertaking were somewhat vague in the application that was put in. In the writ petition the petitioners have asked for relief from such a statement made by them in the application.
(3.) In my opinion, what the writ petitioners stated in the application is neither here nor there. If the Municipal authorities cannot insist upon an undertaking of the nature complained of here, i.e. if prior to sanction of a building plan they cannot call for an undertaking of protection of tenants from the landlords who seek for sanction, what the landlords or the proposed builders wrote in the application form would be of complete irrelevance.;