J.Bhattacharya, J. - (1.) Refusal to grant sanction to the building plan submitted by the petitioners for construction of a multi-storied building (G+4) at holding No.215, N.S. Road, Ward No. 16, by the Municipal authority of Rajpur-Sonarpur Municipality vide annexure 'P-15' to this writ petition at page 83, is under challenge in this writ petition.
(2.) The said holding No.215, N.S. Road consists of various plots of land, viz.. Dag Nos. 179, 180, 181 and 186. The petitioners applied for the sanction of building plan for construction of a multi-storied building on the entire holding comprising of 16 cottah 20 chittak 4 sq.ft. of land.
(3.) Such prayer of the petitioners was not allowed by the Municipal authority on the following grounds: (1) That the petitioners have not taken any permission for development as well as for change of use of the said land in question under section 46 of the West Bengal Town and Country (Planning and Development) Act, 1979. (2) All the owners of the said land have not signed in the said application. (3) The petitioners have not submitted the approved site plan. (4) The petitioners have not submitted all the papers and documents duly attested. (5) The petitioners have not submitted the No Objection Certificate from the competent authority as defined in clause (d) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976. (6) It appears from the soil test report that more or less 7 cottah of land in the said plot situated adjacent to N.S. Road has been filled up by the borrowed soil followed by muck of around 1.0m. thickness upto 3.7m. depth around BH-1 and BH-2 as shown in the said soil test report. (7) It has been learnt that there was a pond adjacent to N.S. Road measuring about more or less 8 cottah which has been filled up by the agents/associates 3-4 years ago i.e. in the year 2001.;