KOLKATA MUNICIPAL CORPORATION AND ANOTHER Vs. NURUL HUDA LAYEK
LAWS(CAL)-2012-1-237
HIGH COURT OF CALCUTTA
Decided on January 04,2012

Kolkata Municipal Corporation And Another Appellant
VERSUS
Nurul Huda Layek Respondents

JUDGEMENT

INDIRA BANERJEE,J. - (1.) This is an application for modification and/or variation of the order dated 10th May, 2011 passed by this Court in Writ Petition No.208 of 2011, the operative part whereof is set out hereinbelow for convenience : "This writ application is disposed of by giving an opportunity to the petitioner to apply for a fresh sanction of building plan as directed by this Court in W.P. No.19952 (W) of 2006 filed by the petitioner and/or his predecessor-in-interest. It appears that the petitioner had earlier been sanctioned a building plan. Such sanction was obviously granted upon submission of no objection from the competent authority under the Urban Land Ceiling and Regulation Act. Once no objection has been obtained from the competent authority, there is no question of further no objection for submission of a revised plan or a fresh building plan. The petitioner might apply for sanction of a building plan in accordance with law upon compliance with the requisite rules and regulations. If such building plan is submitted for sanction, a decision thereon in accordance with law shall be taken within sixty days from the date of receipt of the application. It is made clear that sanction shall not be withheld on the ground of any proposal to acquire unless acquisition proceedings are actually initiated within the aforesaid period of sixty days."
(2.) For alleged non-compliance of the aforesaid order the petitioner filed an application for contempt. The respondent took out this application for modification and/or clarification of the order. In the application, it is alleged that the Land and Land Reforms Department has directed the Municipal Commissioner to purchase the land in question directly from the land owner. In other words, the government is willing to acquire the land under the provisions of the Land Acquisition Act, 1894.
(3.) Mr. Chatterjee, learned Senior Counsel, appearing on behalf of the municipal authorities, prayed for time to negotiate with the land owner.;


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