- (1.) This appeal is directed against a judgment dated 24th July, 2007 and an order dated 13th November, 2007 passed by the Pollution Control Appellate Authority (W.B.). The grievance of the writ petitioner that the learned Appellate Authority committed an error of law by not appreciating the appeal filed by respondent No. 10 is not maintainable under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 [hereinafter referred to as the said Act ].
(2.) The facts of the case briefly are as follows: (a) One Mr. Ramlal Mullick purchased a premises No. 10 at Prince Anwar Shah Road, Kolkata on 6th September, 1927 in a Court shell. The said property in question now re-numbered as 22 and 24, Prince Anwar Shah Road and 2A, Prince Baktiar Shah Road, Kolkata respectively. (b) A Will was executed by the said Ramlal Mullick appointing Maharaja Manindra Chandra Nandy (since deceased) as executor and Smt. Annapurna Roy, the daughter of Ramlal Mullick as executrix of the said Will. On the death of Ramlal, Annapurna Roy applied for probate before this Court which was granted in her favour on 3rd December, 1931.
(3.) It appears from the records of Kolkata Municipal Corporation [hereinafter referred to as the "said Corporation"] that it would be evident that there was no tank in the premises No. 2A, Prince Baktiar Shah Road, Kolkata, since 1971. On 17th February, 1976 the Urban Land (Ceiling and Regulation) Act, 1976 [hereinafter referred to as the ULCR Act ] came into force and on 1st February, 1977, Smt. Annapurna Roy, the executrix under the Will of Ramlal Mullick filed the statement under Section 6(1) of the said ULCR Act.;