Ajit Kumar Sengupta, J. - (1.) This application arises out of the appeal preferred by the Calcutta Metropolitan Development Authority thereinafter referred to as 'C.M.D.A.') against the interim order dated October 30, 1987, passed by the Court of the fir it instance.
(2.) By consent, the application has been treated as an appeal. The parties have agreed that the decision in this appeal would virtually dispose of the writ petition. We have, therefore, heard the elaborate arguments which have been advanced by the learned Counsel appearing for the parties.
(3.) It is necessary to set out the facts. The first respondent (hereinafter referred to as the 'company') moved a writ petition out of which the present appeal arises. The cue of the Company. In the writ petition is as under : The Company has been carrying on business as hoteliers. The Company runs a Five-Star Hotel known as "The Oberoi Grand". The building complex of the said hotel comprises of several premises nos. such as 15A, 15/1, 15/2, 15/3, 13/4, 13/6, 15/7.13/9,16/2, 16/3,16/5 & 17 Jawaharlal Nehru Road; IA, 2A, 3 & 4 Bertram Street; 6A, 7B, 8A, 9A & 9B Chowringhee Place and 4 Humayon Place and baa the unique advantage of having public roads on all four aides. It has the Jawaharlal Nehru Road on the Eest, Bertram Street on the East, Humayun Place on the South and Chowringhee Place on its North. Such a building site is rarely to be found in the city of Calcutta.;