HARISH TANDON,J. - (1.) The petitioner is aggrieved by the purported recording of area of tank as 4147 sq. meter (62 cottahs approximately) at premises no.20, Seven Tanks Lane, Kolkata - 700 030 in the record book of the Project Management Unit of Kolkata Municipal Corporation.
(2.) According to the petitioner, it obtained the lease in respect of the aforesaid premises in the year 1961, which was comprised of land measuring about 13 bighas, 13 cottahs, 7 chittaks and 31 sq. ft. along with the factory shades, dwelling houses, temple, godown, labour quarters and other structures as well. Subsequently, the Corporation took away 1773 sq. mtr. of the land for widening the public road or new road. The proceeding was initiated under the Urban Land (Ceiling & Regulation) Act , 1976 and an inspection was made in course of such proceeding indicating the nature of the structures, area of land and the area comprised in pond. The said authority ultimately passed an order, which was challenged in the writ petition being WP No.16281(W) of 2014, which came up for disposal before this Court on 24.11.2016. The Hon'ble Single Judge allowed the said writ petition upon setting aside the inquiry report, final statement and the orders passed by the Urban Land Authorities which attended finality.
(3.) The dispute hinges on the area of the pond situated within the aforesaid premises. It is all along the specific stand of the petitioner that the area of the pond is 5 cottahs which would be evident from various records maintained by the authorities as well as the inspection which was held in one of such proceedings. By the impugned communication, the Director General of Project Management Unit Department of Kolkata Municipal Corporation communicated to the petitioner that as per National Remote Sensing Agency (NRSA), the area of the water body is 4147 sq. mtr. (62 cottahs approximately) and asked the petitioner to produce the relevant documents in this regard.;