N.K.BHATTACHARYYA, J. - (1.) By this appeal the respondents in the writ petition challenged the order / judgment dated 30/03/1994 passed by the Hon'ble Mr. Justice Shyamal Kumar Sen in Matter No.1036 of 1994 allowing the writ petition filed by the petitioner directing the respondents to issue permission forthwith to the petitioner to fill up the low land in the premises being No. 171/ C / 1 Picnic Garden Road Calcutta-7000 39 preferably within six weeks from the date of the communication of the order. The writ petitioner in his writ petition prayed for a writ of mandamus commanding the respondents and each one of them to forthwith issue permission to the petitioner to fill up the ditches in the premises being premises No. 171 / C / 1, Picnic Garden Road, Calcutta-700 039. A writ of certiorari was also prayed along with the prayer for injunction directing the respondents to forthwith grant permission to the petitioner to fill up the ditches pertaining to the premises referred to above.
(2.) In the said writ petition the petitioner, inter alia, alleged that the petitioner purchased more or less 1.54 acres of sali land (paddy land) by a deed of purchase dated 31/05/1969 which was recorded in the record of rights as sali land. The petitioner further stated that a portion of the said land measuring more or less 3.5 bighas is low-lying land as such the petitioner could not take any steps for making construction therein without the permission of the respondents / Corporation Authorities.
(3.) According to the petitioner the land aforementioned is neither a tank nor a pond but a low-lying land where rain water deposits during monsoon for a brief period.;