D. Datta, J. - (1.) The subject -matter of challenge in this petition is a notice dated 31st August, 2007 issued by the Assistant Engineer and Executive Engineer of the Kolkata Municipal Corporation (hereafter the Corporation). By that order the petitioners have been informed of initiation of a proposal for acquisition of Premises No. 24/2 Pottary Road, Ward 56, Borough VII before the Land Acquisition Collector, Kolkata for the purpose of setting up of a school and accordingly, a request has been made to the petitioners to stop construction until further orders.
(2.) Certain back ground facts need to be noted. By an order dated 25th January, 2006 issued by the Chief Manager (Education and SS) of the Corporation, the petitioners were informed the order of the Joint Municipal Commissioner dated 20th January, 2006 in connection with relinquishment of tenancy right in respect of erstwhile KMCP School at the premises in question and a request was made to the petitioners to be physically present in the office chamber of the Joint Municipal Commissioner on 7th February, 2006 to execute documents of transfer of tenancy rights.
(3.) In terms of the aforesaid notice, tenancy rights were relinquished in favour of the petitioners and vacant possession of the premises in question was delivered to the petitioners on 29.4.06. After receiving possession, the petitioners applied for sanction of a plain. Their prayer was granted and a building permit was issued on 13.4.07. By a letter dated 9.7.07, the petitioners informed the Corporation about commencement of construction at the premises in question in terms of the applicable building rules. While construction was being raised, a letter dated 9.8.07 was issued by the Executive Engineer of the Corporation wherein it was alleged that the petitioners while applying for the sanction plan had suppressed material facts and, therefore, were called upon to reply within seven days why the sanction shall not be revoked. The notice was duly replied to by the petitioners. On receipt of such reply, the selfsame Executive Engineer by a notice dated 28.8.07 replied that the notice dated 9.8.07 had been issued on the basis of a misunderstanding and accordingly, withdrew the allegation contained therein. Three days thereafter, the impugned notice appears to have been issued.;