- (1.) The Court : By this writ petition the petitioners have inter alia prayed for a declaration that Sections 628 and 629 of the Kolkata Municipal Act, 1980 (the Act, for short) are ultra vires the Constitution of India, a writ in the nature of Mandamus commanding the respondents authorities to desist from insisting on implementation of those provisions of the Act, a writ in the nature of Prohibition restraining the respondent no. 4 from insisting on exercising its right under those two provisions of the Act and for other reliefs.
(2.) The petitioner no. 1 had entered into a franchise agreement with the owners of Raddison Hotels which is an international chain of deluxe hotels. In terms of the said agreement it had been authorized to operate the hotel using the name of Raddison Hotel in Kolkata.
(3.) The petitioner no. 1 purchased a certain premises for a valuable consideration to establish a five star hotel and to run it in the internationally acclaimed brand name Raddison Hotel. Subsequently the petitioners obtained sanction of a building plan from the Kolkata Municipal Corporation (the Corporation, for short) and different sanctions and permissions from other authorities as well.;