D.P.Banerjee, J. - (1.) - This appeal, filed by the Appellant, is against the judgement delivered by Satyabrata Sinha, J., passed on 26th September, 1991. In the writ application, the writ petitioner opposite party, infer alia, prayed for issuance of a writ in the nature of Mandamus, directing the appellants to grant formal sanction of the building plan in terms of the decision already taken in this behalf by the Municipal Authorities. The facts of this case for the purpose of this of this appeal is that the writ petitioner opposite party is the owner of the premises No.39, Shakespeare Sarani, Calcutta, and filed an application for sanction of the building plan before the Calcutta Municipal Corporation on 11th October, 1988. 'No. Objection' Certificate from the Director of West Bengal Fire Services as well as from the Deputy Commissioner (Traffic) were obtained and filed. The Municipal Building Committee recommended the sanction of the said building plan on 30th December, 1988, subject to fulfilling of the three conditions and the same was communicated to the petitioner by letter dated 27.01.1989, by the District Building Surveyor, in which it was stated: "This is a proposal for erection of a new partly seven, partly eight and partly nine storeyed building for business-cum-Residential purpose. The Committee has considered the case and recommends for sanctioned subject to compliance with following requisitions: 1. Underground reservoir should be shifted beyond 3.5 metres from the property boundary line abutting on Sarojini Naidu Sarani, i.e. Old Rowdon Street. 2. A strip of land fallen within 11 metres from the centre line of Shakespeare Sarani shall have to be thrown to C.M.C. Road. 3. The corner of widen Shakespeare Sarani and Rowdon Street shall have to be splayed by 2.4 x 2.4 metres and the splayed portion shall have to be thrown to C.M.C. Road." 4.The Respondent writ petitioner duly compiled with all the requisitions and formalities stipulated in the said letter, dated 27th January, 1989, and the petitioner duly conveyed a part of its properly to the Calcutta Municipal Corporation by two separate deeds of gifts executed on February 2, 1989, and on August 11, 1989, respectively. The said gift of land, without any consideration, was accepted by the Municipal Authorities by the letter dated September 7, 1989.
(2.) The said proposed building would be constructed at the corner of two streets and in view of the conditions of section 405 of Calcutta Municipal Corporation Act and under Rule 18(5) of the said Rules, the proposed plan had provided for splaying of corner sides of Shakespeare Sarani and Rowdon Street and marked as 'Hatched Portion'. It also appear that in the outlined development plan of the Calcutta Metropolitan Development Authority, prepared under the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979, that there was a proposal for widening of Shakespeare Sarani, whereby a strip of land falling within 11 metres from central line of Shakespeare Sarani would be necessary. This land, could have been acquired by the appropriate authority, measuring about one cottah two chattacks (85.64 sq. metres) and substantial amount of compensation money for such acquisition if made. The plan that was submitted on 11.10.1988, was prepared in a way as if that the sanction of the said plan, 85.64 sq. metres of land were left out all along Shakespeare Sarani, falling within 11 metres from the central line of Shakespeare Sarani and this was shown in the plan which was submitted to the Municipal Authority together with another boundary line after leaving aside aforesaid 85.64 sq. metres, of land to be required for widening of the road in future.
(3.) At back portion of the premises, the plan had provided for making an underground reservoir for 50,000 litres. In the plan, 60.5% of the total area of the premises had been left open with sky on all sides around the proposed building, thus enabling the fire elements to move around the said proposed building. Even though under the rules only 50% of the total area of the premises are required to keep open space. After considering all the aspects of the matter and taking the view of the departmental observations, the Municipal Building Committee adopted a resolution in respect of the sanction of the said plan. The said resolution is as follows:- "Item No. 11 : Re: 39, Shakespeare Sarani This is a proposal for erection of a new partly seven, partly eight and partly nine storied building for business-cum-residential purpose. The committee has considered the case and recommends for sanction subject to compliance with the following requisitions (Emphasis supplied)*: 1. Underground reservoir should be shifted beyond 3.5 metres from the property boundary line abutting on Sarojini Naidu Sarani i.e. Old Rowdon Street. 2. A strip of land fallen within 11 metres from Shakespeare Sarani shall have to be thrown to C.M.C. Road. 3. The Corner of Shakespeare Sarani and Rawdon Street shall have to be splayed by 2.4 x 2.4 metres and the splayed portion shall have to be thrown to C.M.C. Road. 4. However the applicant will get the advantage of ground coverage. F.A.R., obligatory space etc. as he could get prior to throwing that strip of land. All other departmental requisitions shall have to be complied with. P.A. to City Recommended by the Chairman Dated ..... Architect 10.1.89 Municipal Building Committee, The Calcutta Municipal Calcutta Municipal Corporation Corporation Approved by the Mayor-in-Council Dated ?.. 19.1.89 The Calcutta Municipal Corporation Sd/- Illegible 25.1.89 P.A to City Architect, The Calcutta Municipal Corporation" ;