S.S. Nijjar, J. - (1.) The petitioner, Javed Ahmed Khan, has filed this writ petition styled as Public Interest Litigation (PIL) under Article 226/227 of the Constitution of India seeking the issuance of a writ in the nature of mandamus, commanding the respondents to do their statutory duties in accordance with law and to take such measures in accordance with the Building Rules and Regulations so as to prevent the construction of high rise buildings in total violation of the Rules and Regulations.
(2.) The petitioner also seeks the issuance of a writ in the nature of mandamus commanding the respondents to make suitable Regulations indicating the nature of relaxation and the extent to which it is permissible to prevent future abuse of the building laws. The petitioner has further prayed for the issuance of writ in the nature of certiorari quashing the impugned sanctions and relaxations granted to construct high rise buildings in the city at the 92nd meeting of the Mayor in Council dated 16th March, 2005. The petitioner has also prayed for appointment of Special Officer or Officers to conduct an enquiry into the rampant sanctions granted on 16.03.2005 at the 92nd meeting of the Mayor in Council of the Kolkata Municipal Corporation (hereinafter referred to as 'KMC '), to construct a 35 storied building by relaxation of the Building Rules.
(3.) We may notice briefly the facts pleaded by the petitioner in support of the writ petition. The petitioner was an elected Councilor from Ward No. 66 of KMC since 1995. He claims that the petition is not for gaining political mileage or for attaining fame through litigation. The said theory would be conclusively dispelled by the fact that he has been elected for three consecutive terms from his Ward in the KMC. The writ petition is purely for the protection of the healthy and safe environment of Kolkata. The petitioner is alarmed with the prospect of Kolkata becoming a dead city or a concrete jungle. According to the petitioner the challenge into this petition is only to the mushrooming of unprecedented growth of skyscrapers and multi -storeyed buildings in violation of the Rules and Regulations. The petitioner is alarmed and apprehensive that unless the rampant violations of the Building Rules and Regulations are not checked, it will become a City of corpses some day. The petitioner is aware of the dangers to the environment of the city as he was also the erstwhile Member of Mayor in Council (Bustee & Environment) of the outgoing councillors of KMC. He is presently leader of the opposition in the KMC.;