V.K.Gupta, J. - (1.) An important and interesting question of law relating to the power and jurisdiction of the Calcutta Municipal Corporation under the Calcutta Municipal Corporation Act, 1980, is involved for consideration in this appeal files under clause 15 of the letters Patent against the judgment dated 9th September, 1998 passed by a learned single Judge of this court in W.P. No. 1228 of 1998, whereby the writ application filed by the appellants was dismissed.
(2.) The facts indeed are very brief and simple. The appellants are owners of the premises at 9A, Jatindra Mohan Avenue, Calcutta. They applied for sanction of a building plan to the Calcutta Municipal Corporation since they wanted to demolish the existing structure which, according to them, is completely dilapidated and had become unsafe, and that after demolishing the existing structure, they wanted to erect a new multi-storeyed building. The existing structure comprised of an old three storeyed property and the proposed new building was to have a ground plus nine floors. In the course of processing for application for sanction of the building plan, the respondent-Calcutta Municipal Corporation "Corporation" for short sent a communication dated 5th May, 1998 to the appellants wherein certain details with regard to a school housed in the existing structure were sought for. The details enquired about included submission of a statement showing the strength of the students sectionwise and the number of classes, the 'no objection' from the guardians of the students in the school, existing position of other tenanted portions with details as were considered necessary, and so on and so forth. For ready reference, the communication dated 5th May, 1998 is reproduced verbatim hereinbelow :- "From : The Calcutta Municipal Corporation City Architect's Deptt., 10, P.T. Road, Calcutta-1. To Shew Prakash Bhattar, 9A, Jatindra Mohan Avenue, Calcutta-6. Re : 9A, Jatindra Mohan Avenue. With reference to the plan case in respect of the said premises, this is to inform that the said plan case has been examined in the meeting of M.B.C. The observation and recommendation of the M.B.C. as per item No. 302/92-98 as informed by CMC(B) vide order of dt. 20.04.98 : 1. Statement showing the strength of student sectionwise and number of classes is necessary. 2. Guardians "No Objection" will be necessary in connection with the temporary and permanent rehabilitation before sanction.
(3.) Existing use of the other tenanted portions with internal details is necessary.;