S.B. Sinha, J. - (1.) This appeal is directed against a judgment and order dated 24th November, 1998 passed by a learned Single Judge of this Court, whereby and whereunder the learned Judge disposed of the writ application filed by the first respondent with the following directions : "In the result, I direct the respondent to take the James Long Sarani Road as the approach road and reconsider the case of the petitioner for sanction of the building height as upto what height the building plan can be sanctioned, if James Long Saiani Road is taken as approach road."
(2.) The fact of the matter is not in dispute. The private respondents are undivided joint owners in equal shares of the plot of land falling within the Mouza Joka-II. They filed a building plan for construction of a five storied building at the said plot of land. All requisites documents were filed before the Panchayat Samity. Panchayat Samity recommended sanction of such plan stating, "Physically verified the spot and found that the applicant has complied with the provisions of the Town and Country (Planning & Development) Act, 1979. So development permission may be granted. " However, by reason of an order dated 15th May, 1998. the District Engineer, South 24-Parganas, Zilla Parishad, stated - "This is to inform you that a team from Zilla Parishad headed by the undersigned on 5.2.1998 went to the above proposed building site for inspection. It is seen in the site that the width of the approach road is 20"-0" only. Under this circumstances, the sanction of the building plan will be accorded only upto G+2 level as per the present rules and regulation of Zilla Parishad (South). This was already informed verbably during inspection. Therefore, you are requested to rectify the plan and re-submit, it the same to this office at an early date so that further action may be taken from this end early. Please note that the Bank Draft of Rs. 68,320/- cheque No. 712683 dated 26.3.1998 for token sanction and developments etc. fees is returned to your learned Solicitor and Advocate Sri Nirmal Kumar Nandi."
(3.) The petitioners-first respondents questioned the aforementioned decision by filing a writ application. The learned Trial Judge having considered the plan come to the conclusion that the James Long Sarani Road should be taken as the approach road. Having arrived at the said finding the writ application was disposed of by the learned Trial Judge with a direction to take the James Long Sarani Road as the approach road and reconsider the case of the petitioner for sanction of the building plan as to upto what height the building plan can be sanctioned, if James Long Sarani Road is taken as approach road.;