- (1.) Three writ petitions are taken up for hearing analogously as the cause of action which is the foundation of all these three writ petitions, are inter-related to each other.
(2.) The parties are fighting with each other, on a common issue relating to the legality of the sanction granted to the building plan submitted by the School Authority namely, Carmel Jyoti Nilaya, a society registered under the West Bengal Societies Registration Act 1961, permitting it to construct a G+3 storied school building on the rear vacant part within the school compound. The school building being premises No.19, Deshopriya Park Road, Police Station Tollygunge, Kolkata 700076 is situated on 40' feet wide Deshopriya Park Road.
(3.) Here is the case where profit earning motivated promoter and/or builder has not come forward to construct a multi-storied building on a plot of land within the city of Kolkata with a motive to commercially exploit his customer viz., the intending purchasers of flats either for residential or commercial purpose. On the contrary here is a case where in order to accommodate the ever increasing number of students in the primary section of a reputed school namely, Carmel Primary School, the School Authority decided to construct a new building on the rear vacant part within the school compound. Existing school building was constructed in the front portion of the premises abutting Deshopriya Park Road vide sanctioned plan No.451 dated 27th March, 1973 leaving a open vacant space having an area of 7500 square feet equivalent to 10 khattas of land approximately on the rear side of the existing school building. The School Authority decided to extend the school building by constructing a G+3 storied building on the rear open space within the school compound to introduce 4 more class rooms and toilets on each of the three floors of the proposed building leaving ground floor open for children's play. To materialize the said decision, the School Authority took steps for obtaining necessary permissions from various authorities including the Municipal Authorities and the authorities of West Bengal Fire and Emergency Services. Provisional no objection certificate was initially issued by the West Bengal Fire & Emergency Services for construction of such a school building subject to compliance of several recommendations mentioned therein which not only included a condition for observance of the Municipal Building Rules but also included a condition for providing adequate fire safety measures and also for providing open space surrounding the building in conformity with the relevant Building Rules for permitting the accessibility and maneuverability of fire appliance with turning facilities. This provisional no objection certificate was issued on 30th July, 2010 on the basis of the drawing of the proposed school building, which was yet to be submitted by the school authority before the Municipal authority for its sanction. The Municipal Authority while considering the building plan submitted by the School Authority took note of the said "no objection certificate" issued by the West Bengal Fire & Emergency Services including the recommendations made by it and ultimately accorded sanction to such building plan on 29th October, 2010 vide sanction reference No.2010080095.;