- (1.) The Court: This is an application filed by the writ petitioner substantially for a declaration that the building plan and application for sanction to build at 4A Woodburn Park, filed by the predecessor in interest of the writ petitioner with the Municipal Authorities stands approved by operation of law.
(2.) Three dates are the most material in the disposal of this application. On the 4th of January, 1984, the Calcutta Municipal Corporation Act, 1980, came into force repealing the earlier Municipal Act of 1951 by section 635 thereof. However, the very same section preserved the building rules which had formed Schedule XVI to the said earlier Act of 1951.
(3.) On the 25th of February, 1988, one Smt. Ana Ghosh made an application for sanction to build after demolition of existing structures in relation to the land and premises in question. The requisite fees for the said application were also paid. It should be clarified that the submission of the building plan was made by Smt. Ghosh on 3rd December, 1987 and the fees were paid on the 25th February, 1988 and for our purposes we shall assume that the application was duly completed by on behalf of Smt. Ana Ghosh on the 25th of February, 1988. On the 12th of December, 1990, new Building Rules replaced the earlier Building Rules which had formed Schedule XVI of the 1951 Act and which had been continued by the 1980 Act.;