Mir Dara Sheko, J. - (1.) Hearing is concluded.
(2.) Mr. Abhrajit Mitra, learned Advocate for the petitioners while apprising the Court about the merit of the writ petitioner took out to the different provisions of the Act and Rules of The East Kolkata Wetlands (conservation and Management) Act, 2006, to be shortly called on hereafter as EKW Act, relying upon the following cases:- 1. Esthuri Aswathiah Vs. Commissioner of Income Tax, Mysore, 1968 AIR(SC) 36; 2. Wellington\associates Ltd. Vs. Kirit Mehta, 2000 4 SCC 272; 3. P.ORR and Sons (P) Ltd. Vs. Associated Publishers (Madras) Ltd., 1991 1 SCC 301; 4. Oryx Fisheries Pvt. Ltd. Vs. Union of India and Ors., 2010 13 SCC 427; and 5. Rukmini Properties Pvt. Ltd. Vs. Mira Ghosh & Ors., 2013 5 CalHN 309.
(3.) In a gist the fact as contended by the writ petitioners that the subject property being plot No. 89 situates in urban rural settlement area within the mouza Karimpur, under table 8 of schedule 1 under the Act, admittedly situates within "Ramsar Sites". The petitioners acquired ownership to the same by virtue of a Deed of Gift, nature of that land, being 'sali'. The petitioners completed building structure (G+1) in April 2015 over said plot by submitting later on an application for approval of upgradation of the said building area before the Zilla Parishad, South 24-Parganas on July 20, 2015.;