- (1.) The Court: The petitioner, in this application has, inter alia prayed for issuance of a writ of or in the nature of Mandamus directing the respondents to grant formal sanction of the building plan in terms of the recommendation of the Municipal Building Committee dated 30.12.88.
(2.) The fact of the matter lies in a very narrow compass. The petitioner who is the owner of the premises no. 39, Shakespeare Sarani, Calcutta filed an application for sanction of the building plan before the Calcutta Municipal Corporation on 11.10.88. The Municipal Building Committee recommended the sanction of the said plan on 30.12.88. Prior thereto no objection relating to sanction of the building plan submitted by the petitioner was raised by the respondents.
(3.) The Municipal Building Committee in its meeting dated 30.12.1988 passed a resolution directing the petitioner to comply with certain requisitions recommended the proposed building plan for sanction, subject to fulfillment of three conditions and the same was communicated to the petitioner on 27.1.1989. According to the petitioner all the requisitions have been complied with and pursuant to the said direction he has also executed two Deeds of Gift dated 2.2.89 and 11.8.89, which have duly been accepted by the authorities of the Calcutta Municipal Corporation. Admittedly the petitioner submitted the revised plan on 14.2.1989. The Governor of West Bengal, however, has promulgated an Ordinance in exercise of his power under Article 213(1) of the Constitution of India on 18.12.89 whereby and where under restrictions have been imposed in allowing construction of a building above 4th floor in terms of section 398 of the Calcutta Municipal Act. It is asserted by the petitioner that the Mayor-in-Council has approved the plan on 19.1.89. The question, which, therefore, arises for consideration in this application, is as to whether the aforementioned Ordinance, which has since been repealed and replaced by a legislative Act known as Calcutta Municipal Corporation Act, 1989 is applicable to the facts and circumstances of this case or not.;