- (1.) This letter patent appeal is filed taking exception to the judgment and order dated 25/08/2010 passed by the learned Single Judge in writ petition No. 20742(W) of 2009, wherein the writ petition came to be disposed of by observing that the petitioner has made a grievance that his building plan was not sanctioned which was claimed for the purpose of construction of a G+4 storied building due to street alignment sanctioned in the year of 1960 and, therefore, sought for cancellation of the order dated 24th July, 1960 and for consideration of his objection to such alignment including the sanction of building plan. It was also observed that the petitioner has also sought for the said order in respect of the modification of the prescribed alignment to the proposed right turn affecting the premises of the petitioner. The objections of the petitioner relating to the alignment of 1960 and the proposed curvature have been considered by the Municipal State Technical Committee and a decision was taken on 12th April, 2010 which ratifies the alignment of 1960. Therefore, the petitioner cannot have any grievance in respect of refusal to sanction the proposed building plan which can only be granted after taking into consideration the decision dated 12th April, 2010 and permitted the petitioner to take steps in accordance with law to obtain sanction for proposed construction of a building.
(2.) It is the case of the petitioner that he proposed to construct a building at the premises No. 14/H/2, Rani Shankari Lane, Kolkata-700026, for which permission was taken from the Regional Thika Tenancy Office and the case of the petitioner was also referred by the District Building Surveyor and City Architect s Department of Kolkata Municipal Corporation to the Controller, Kolkata Thika Tenancy, Government of West Bengal. On getting approval to construct building the petitioner was called upon to submit a site plan and proposed plan of three storied building for sanction as required by letter dated 08/10/1993. It is the case of the petitioner that in spite of complying with all the requirements and having deposited the required fees for obtaining sanction for three storied building as long back on 01/11/1995 the respondent did not approve this plan for the reason that the site plan of the house No. 14/H/2, Rani Shankari Lane, Kolkata, relating to three storied building, is affected by alignment of 12.95 meters to 6.40 meters to 6.72 meters of the premises and the proposal as shown in the attached site plan is affected by 9.144 meters wide C.M.C. sanctioned Regular Line. It was also clarified that the width of the above road varies from 2.74 meters to 3.05 meters to 2.74 meters as per the record. But the width of the above road varies from 3.05 meters to 3.35 meters to 2.74 meters as per site measurement. However, it was informed to the petitioner that there is no record available in the Department for such widening of the road. It appears that thereafter the petitioner did not take any step to get his plan sanctioned except for addressing a letter to the Mayor Member of Council, Kolkata Municipal Corporation for correction of the observation memo for plan case No. 105/Chys/Pr VIII/95-96 dated 1st November, 1995 by which he was intimated of the deficiency.
(3.) It appears that the petitioner thereafter pursued the matter trying to ascertain the road alignment of his premises in question. On January 6, 2007 the Kolkata Municipal Corporation issued a notice inviting objections for modifying the mid-portion of the existing sanctioned alignment of Rani Shankari Lane affecting premises Nos. 14, 15/1/1B and 15/1/1A pursuant to Section 357(6) of the K.M.C. Act of 1980. In response to the said notification the petitioner wrote objection on 22nd January, 2007 and thereafter made various representations. As a result, it is in the year 2008 that the petitioner was informed that the subject of alignment of street plan (30 feet wide) of a portion of the Rani Shankari Lane connecting S.P. Mukherjee Road with Harish Mukherjee Road is referred to the Municipal Street Technical Committee for further review on intimation from the office of the Chief Valuer and Surveyor. The petitioner addressed a letter dated 15/01/2009 to Sri Bikash Ranjan Bhattacharya, the then Hon ble Mayor of Kolkata Municipal Corporation, to consider the alignment of regular line and the proposed new curvature (right turn) over the middle of the house No. 14/H/2, Rani Shankari Lane and also to the Director General (Township and Planning), K.M.C, requesting him to arrange for an urgent meeting for Municipal Street Technical Committee for review of the said 30 feet wide road alignment of said Rani Shankari Lane, Kolkata-26 in front of Basti premises No. 14/H/2, Rani Shankari Lane and made various representations to the authorities. On 11-07-2009 the petitioner again approached the respondent Chief Valuer and Surveyor with his fresh building plan with a request to take immediate step for sanction of the building. This was turned down by the Chief Valuer and Surveyor of K.M.C. by the letter dated 02/09/2009, informing the petitioner that the appropriate authority of K.M.C., on considering his application dated 11/07/2009, has decided that the said proposal for remission of the width of the lane is not permissible, in view of the fact that the alignment for the proposal of widening of the Rani Shankari Lane between the Harish Mukherjee Road and S.P. Mukherjee Road is approved. The petitioner, thereafter, sought full particulars relating to the report of the plan from the Chief Valuer and Surveyor of K.M.C. as regards, the K.M.C. Regulation which enables them to file the proper and fresh building plan for sanction by his letter dated 23/09/2009. Thereafter on 07/11/2009 he made a request to modify the right turn curvature over the middle of 14/H/2 Rani Shankari Lane. But the request of the petitioner was not considered and his plan was not sanctioned as it was not in consonance with the prescribed alignment of Rani Shankari Lane between S.P. Mukherjee Road and Harish Mukherjee Road.;