- (1.) This is a writ application seeking to challenge a Circular dated 19th December, 1988 appearing at page 143 of the writ petition. The text of the Circular is as follows : " THE CALCUTTA MUNICIPAL CORPORATION Central Municipal Office Bldgs., MUNICIPAL COMMISSIONER'S OFFICE Dated, Calcutta, the 19th Dec. 1988 CIRCULAR NO. 20 OF 1988-89 ORDER The Government having been satisfied that the Calcutta Municipal Corporation Act, 1980 contains no provision for relaxation in its section 400 authorising an offending construction to be completed on submission of a fresh plan and on payment of a fee at penal rate, the Governor has been pleased to invoke the provision of section 15 of the said Act so as to order that the practice of regularising illegal construction on payment of a fee at a penal rate should be discontinued (sic). The order of the Government is brought to the notice of the Hearing Officer (Building) and other Officers/Department dealing with and/or who may deal with cases of unauthorised construction of building for their guidance and complying with Government order. MUNICIPAL COMMISSIONER To: Hearing Officer (Building) Officers/Department dealing with unauthorised constructions".
(2.) The case on facts of the writ petitioners is that there was an earlier writ in this Court and the same was withdrawn on a certain understanding being reached as between the writ petitioners and the Municipal Authorities. The Municipal authorities have denied that there was any such final or binding understanding.
(3.) The allegation of the writ petitioners is that though certain building activities have been carried on by them without the required sanction under the Municipal Laws yet none of these activities would contravene any of the building Rules, and as such if they had a sanction to that effect, these building activities could not be complained of in any manner.;