Bhagabati Prasad Banerjee, J. - (1.) In this writ application an important question of law of public importance was raised and the same is what is the legal effect of a Draft Development Plan under Section 36(i) of the West Bengal Town and Country (Planning and Development) Act, 1979, prepared by the Calcutta Metropolitan Development Authority and whether the Calcutta Metropolitan Development Authority could compel the implementation of the Provisions contained in the draft scheme without making it final while sanctioning a building plan under the provisions of the Calcutta Municipal Corporation Act, 1980.
(2.) The facts of this case are that the petitioner is the owner of premises No.4/ A, Wood Street, Calcutta and that in order to construct a new building at the said premises instead of the old building at that site negotiated with the tenants so as to make it feasible to make such new construction after demolition of old structure and after entering to agreement and understanding with the tenants on the basis of such negotiation prepared a plan or construction of a new building thereon and submitted the same or sanction before the Calcutta Municipal Authority. Before submission. of the said plan to the Calcutta Municipal Authority the petitioner applied to tile Calcutta Improvement Trust in order to find out whether the said premises affected by any scheme framed by the said Trust. The Calcutta Improvement Trust by letter, dated 17th November 1980 informed the petitioner that the said property was not. affected by any scheme or alignment made by the Trust. An application for sanction of the building plans was submitted on or about 23rd October 1980 before the Calcutta Municipal Corporation and that the said plan was not pursued by the petitioner and ultimately the same was refused on or about 31st March 1983. Thereafter, the petitioner decided to make a fresh application for sanction of the said building plan and for that purpose the petitioner sought for clearance certifications from the Urban Land Ceiling Authorities as well as from the Deputy Commissioner of Police, Traffic Department and also the West Bengal Fire Services. Those Authorities accordingly issued clearance certificates in this behalf. The petitioner also applied for clearance certificate from the Chief Valuer and Surveyor of the Corporation and other departments of Calcutta Corporation with regard to the said proposal and that the petitioner also obtained clearance certificate from the said authority. Thereafter, the petitioner was directed by the Municipal Authorities to submit a registered undertaking in respect of the existing tenants to the extent that the petitioner will not evict any tenants and in case it is necessary to evict any tenant, the petitioner would provide the said tenant with alternative accommodation for identical area in or about the premises by mutual agreement with the tenants and also would undertake to make construction strictly on the basis of the sanctioned plan. Such an undertaking was duly filed by the petitioner as required by the Municipal Authorities. At this stage the petitioner was asked by the Municipal Authorities to obtain a 'No Objection Certificate' from. the competent authority, under the Urban Land (Ceiling & Regulation) Act 1976. The petitioner applied before the said competent authority under the said Act for a 'No Objection Certificate'. The said competent authority by their memo dated 3rd August 1985 informed that they had no objection to the proposed construction of anew building at premises No.4/ A, Wood Street Calcutta. For the purpose of obtaining clearance from different authorities, it is stated that it took about 20 months time from the date of making application which was made on 25th September 1987. In the meantime, inspection of the site was made, by the District Building Surveyor who found that the said plan was in complete confirmity with the Building Rules. All the formalities were complied with, and it appears that there was no impediment in the way of sanctioning of the plan submitted by the petitioner in this behalf. The petitioner at this stage received a letter dated 9th February 1987 from the Deputy City Architect Borough No.7 of the Calcutta Municipal Authority in which it was stated that - "With reference to your plans and application submitted to this department for the erection of a five storied building at the above premises, this is to inform you that the guidelines of the 'Outline development plan' (O.D.P.) under Section 31 of the West Bengal T. & C.P. Act 1979 do not stand complied with by the proposal contained in the plans under reference you are, therefore, requested to take adequate measures in this regard by submitting revised plans so as to comply with the said guidelines before the case is further processed through the Municipal Building Committee for consideration of sanction."
(3.) It appears that on 27th of June, 1986 a notice was issued the Chief Executive Officer, Calcutta Metropolitan Development authority wherein it was notified that the outline development for Ward No. 45 (63) of the Calcutta Municipal Corporation been prepared by the Calcutta Metropolitan Development Authority being the Development Authority for the Calcutta Metropolitan Planning area in exercise of the power conferred by Section (I) of Section 36 of the West Bengal Town and country (Planning and Development) Act 1979. By the said notice objection was invited against the said draft development plan within 60 days from the date of the publication of the said notice.;