- (1.) This appeal is directed against the judgment delivered on 30th March, 2012 whereby the learned Single Judge following an unreported judgment delivered on 7th June, 2006 in W.P. 11734 (W) of 2006 (AGW Relators Pvt. Ltd. v. The Kolkata Municipal Corporation) disposed of the writ petition holding as the regular line of a street has not been given effect to or implemented for so many long years, it must be regarded to have been abandoned and/or cancelled.
(2.) It appears that the respondent, unable to get his building plan sanctioned in respect of premises no No.1 New Kashia Bagan Lane, Kolkata 700064, Ward no. 69, under the Kolkata Municipal Corporation, filed a writ petition, being W.P. No.2308 (W) of 2004, which was disposed of by passing an order, the relevant portion of which is as under:- "For these reasons, I think the writ petition should be disposed of giving necessary directions. I, accordingly, dispose of its giving liberty to the petitioner to submit the application seeking sanction to his building plan with respect to the premises in question. Once the application is submitted, the departments concerned of the corporation shall take necessary steps for completing the necessary exercises. The observations, report and other connected records shall be collected and brought on record of the sanction case and they shall be placed before the commissioner who shall issue appropriate notice offering opportunity of hearing of the petitioner. After giving the petitioner reasonable opportunity of presenting his case, and after considering all reports, observations, documents and particularly the 1993 notification, he shall give the requisite reasoned decision in the matter within ten weeks from date of receipt of the application from the petitioner seeking sanction. It is made clear that the commissioner shall ensure that all his departments complete the requisite exercises within the shortest possible time so that he may give the final decision in the matter well within the time. The decision once taken shall be communicated to the petitioner. There shall be no order for costs in the case."
(3.) Pursuant to the said order the petitioner submitted a building plan before the Commissioner for sanction. The Commissioner after giving an opportunity for hearing, passed an order declining sanction, the relevant portion (as printed in the paper book) of which is extracted hereunder:- "Heard, perused the documents placed before me Considered. It is well established from the documents that a 40 feet wide CMC road on the eastern side of the premises has been sanctioned by the Corporation in its meeting held on 23rd June, 1933. It is clear from the facts that the said alignment was duly published in the Calcutta Gazette on 20th July, 1933. It is further apparent from records that the said road is already widened by about 60% considering this alignment. It is true that the copy of the Gazette Notification dt.20th July, 1933 is not readily available. But non-availability of the Gazette Notification can not rule out the existence of an alignment/regular line. It is further clear that this alignment has been duly recorded in the Smart Plan and as such the existence thereof cannot be questioned only on the ground that copy of the gazette notification dt. 20th July, 1933 is not available. In that view of the matter and in view of the existence of regular line within which the building is proposed to be sanctioned, I am unable to accept the contention of the writ petitioner that since the copy of the gazette notification dt. 20th July, 1933 is not available the alignment should not be considered and the building plan should be sanctioned. On the basis of the documents available I hold that this regular line of a street is existing and no person is allowed to construct any building within the regular line of the street as per provision of Sec. 357(3) of the Kolkata Municipal Corporation Act, 1980. Accordingly, I hold that the proposed building cannot be sanctioned in the facts and circumstances. I, accordingly, dispose of the matter by holding that the proposed building cannot be sanctioned by operation of sub section 3 of section 357 of the Kolkata Municipal Corporation Act, 1980. However, before parting with I would like to place it on record that in order to bring transparency in the matter of alignments issued by K.M.C. and K.I.T. from time to time a review of the entire scenario is required to be undertake on priority basis and a notification containing all present alignment all present alignment proposed by K.M.C & K.I.T. may be issued to that there may not be any further confusion in this regard. In order to implement such a review I direct the Director General (Building) of K.M.C to interest with concerned K.I.T. authorities on the issue. Subsequently, a committee will be constituted having participation of K.M.C. & K.I.T. to undertake a comprehensive study. The petitioner may be at liberty to present his case before such committee. Sd/- Municipal Commissioner";