TAPEN SEN, J. - (1.) ON re-assignment of determination, this matter has been taken up. Let it be recorded that on 30.4.2010, this Court had released the matter for want of determination. Now this Court has the determination to deal with hearing matters irrespective of classification of cases.
(2.) THE petitioner has prayed for the issuance of a writ of mandamus commanding upon the respondents and particularly, the Municipal Commissioner, Kolkata Municipal Corporation (Respondent no. 2) to set aside his Order [as contained in Annexure P-14 (Page 77 of the writ petition)] whereby and whereunder, he finally held that the proposed building cannot be sanctioned by operation of Section 357(3) of the Kolkata Municipal Corporation Act, 1980. However, it was also directed that the Director General (Building) of the Kolkata Municipal Corporation would interact with the concerned KIT Authorities and a Committee would be constituted for purposes of undertaking a comprehensive study in relation to alignments issued by them from time to time and the petitioner would be at liberty to present his case before such a Committee. Section 357 of the Kolkata Municipal Corporation Act, 1980 reads as follows: "357. Defining regular line of a street (1) The Municipal Commissioner may, with due regard to the minimum widths prescribed for various categories of streets including the footpaths abutting the same, define the regular line on one or both sides of any public street or portions thereof in accordance with the rules and the regulations made in this behalf and may, with the previous sanction of the Corporation, redefine at any time any such regular line : Provided that, before redefining such regular line, the Corporation shall, by public notice, afford a reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed redefinition and shall consider all such suggestions or objections which may be made within one month from the date of publication of such notice : Provided further that the street alignment of any public street operative under any law in any part of Kolkata immediately before the commencement of this Act shall be deemed to be a regular line defined by the Municipal Commissioner under this sub-section. (2) The line for the time being defined or redefined shall be called the regular line of the street. (3) No person shall construct or reconstruct any building or portion thereof or any boundary wall within the regular line of a street. (4) The Municipal Commissioner shall maintain a register, containing such particulars as may be prescribed, with plans attached thereto showing all public streets in respect of which the regular line of such streets has been defined or redefined. (5) All such registers shall be open to inspection by any person on payment of such fee, and any extract therefrom may be supplied on payment of such charges, as may be determined by the Corporation by regulations. (6) Notwithstanding anything contained in the foregoing provisions of this section, the Corporation may, if it considers expedient so to do, cancel partly or wholly, or modify, the regular line of a public street after a period of ten years from the date of defining the said regular line, provided the object for which the said regular line was defined has not been completed within the said period : Provided that the Corporation shall, before such cancellation or modification of such regular line, afford, by public notice, a reasonable opportunity to the residents of the premises abutting on such public street to make suggestions or objections with respect to the proposed cancellation or modification of the regular line as aforesaid and shall consider all suggestions or objections which may be made within one month from the date of publication of such notice. The petitioner has also prayed for an Order commanding upon the respondents to sanction the Building Plan as submitted by him in respect of premises no. 1, New Kasia Bagan Lane, Ward No. 64; Borough VII, Calcutta-17. The petitioner has also prayed for quashing of the order referred to above and as contained in Annexure P-14.
(3.) THE petitioner is the owner of Premises No. 1, New Kasia Bagan Lane, P. S. Karaya, Calcutta-17, Ward No. 64, Borough VII having an area of 5 Cottahs 9 Chittaks and 20 sq. ft. (more or less) which is bounded and butted as follows: ON THE NORTH : Common Passage; ON THE SOUTH : Public Road known as New Kasia Bagan Lane; ON THE EAST : Public Road known as New Kasia Bagan Lane; ON THE WEST : Premises No. 1A, New Kasia Bagan Lane.;