# HOWRAH MUNICIPAL CORPN. AND ORS v. GANGES ROPE CO. LTD. AND ORS - **Citation:** [2003] Supp. 6 S.C.R. 1212 - **Court:** Supreme Court of India - **Decided:** 2003-12-19 - **Case number:** Civil Appeal No. 8561 of 1997 - **Bench:** Shivaraj V. Patil, D.M. Dharmadhikari - **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/howrah-municipal-corpn-and-ors-v-ganges-rope-co-ltd-and-ors-19533 - **Pages:** 23 ## Headnote Building Laws : Howrah Municipal Corporation Act, 1980-Sections 17 5 and 215C Howrah Municipal CorporatiOn Building Rules, 1991-Sections 3, 4 and 20-Construction of multi-storied buildings-Sanction for construction upto 7th floor-Grant of-Corporation not granting sanction within the prescribed period and also within four weeks period granted by Court which was further extended-High Court directing Corporation to grant sanction upto 4th .floor and permitting Company to apply for further D sanction beyond 4th floor if permissible-Grant of sanction upto 4th floor-Application for sanction for construction. of additional jloorsRejection by Corporation, High Court expressing expectation for decision on pending application with plan within four weeks-Subsequent amendment to Building Rules and resolution of Corporation putting restriction on E height of high rising building on GT road-Company claiming creation of vested right to seek sanction irrespective of the amendment-Single Judge of High Court rejecting Company's prayer in public interest, however Division Bench directing grant of sanction for construction above 4th floor-Held : Such 'settled expectation ' cannot create any vested right to F obtain sanction-Claim based on alleged 'vested right' or 'settled expectation' cannot be set up against statvtory provisions brought into force by State Government by amending building rules and not by Corporation against whom such vested right or settled expectation is being enforced-Further, such settled expectation or vested right cannot be countenanced against public interest and convenience sought to be served G by amendment and resolution-Hence, order of Single Judge of High Court restored and that of Division Bench quashed Respondent-company applied for sanction for constructi~n of multi-storied building· upto seven floors. Appellant-Corporation did H not grant sanction within the prescribed period and also within four 1212 'f ' HOWRAH MUNICIPAL CORPN. v. GANGES ROPE CO. LTD. 1213 weeks period granted by the Court which was further extended. High A Court then directed the Corporation to grant sanction upto 4th floor level a_nd also permitted the Company to apply for further sanction beyond 4th floor if permissible. Corporation granted sanction and construction was completed upto 4th floor. Respondent then applied for sanction for three additional floors with separate building plans B which was rejected. Single Judge of High Court held that as the right of the company was reserved to apply for sanction for further floors, Corporation was bound to accept the construction plan and directed the Corporation to pass appropriate orders within four weeks. Respondent again approached the Corporation and as directed submitted C the required papers and documents. While the matter was pending for sanction for construction before the Corporation, State amended the Howrah Municipal Corporation Building Rules, 1991 restricting height of the buildings; consequent thereto Corporation passed a resolution restriction height of the building on GT Road and the Corporation refused to grant the permission. Single Judge of High Court held that D the sanction for additional three floors cannot be granted as the Building Rules have been amended and the resolution of the Corporation restricts height of the building on GT Road. However, Division Bench of High Court granted sanction for construction of three additional floors. Hence the present appeal. E Appellant-Corporation contended that order of the Court directing sanction within a specified pek'iod, did not create a vested right in favour of the company to seek sanction for construction of additional three floors, that the Division Bench of High Court erred in holding that the unamended rules and regulations in force on the date of F submission of the application seeking sanction for further construction, would govern the matter of sanction and the subsequent amendment cannot take away the alleged vested ri ## Text _Characters 0–39,286 of 53,645. This is a partial read: ask again with offset=39286 for what follows._ A HOWRAH MUNICIPAL CORPN. AND ORS. v. GANGES ROPE CO. LTD. AND ORS. DECEMBER 19, 2003 B [SHIVARAJ V. PATIL AND D.M. DHARMADHIKARI, JJ.] Building Laws : Howrah Municipal Corporation Act, 1980-Sections 17 5 and 215C Howrah Municipal CorporatiOn Building Rules, 1991-Sections 3, 4 and 20-Construction of multi-storied buildings-Sanction for construction upto 7th floor-Grant of-Corporation not granting sanction within the prescribed period and also within four weeks period granted by Court which was further extended-High Court directing Corporation to grant sanction upto 4th .floor and permitting Company to apply for further D sanction beyond 4th floor if permissible-Grant of sanction upto 4th floor-Application for sanction for construction. of additional jloorsRejection by Corporation, High Court expressing expectation for decision on pending application with plan within four weeks-Subsequent amendment to Building Rules and resolution of Corporation putting restriction on E height of high rising building on GT road-Company claiming creation of vested right to seek sanction irrespective of the amendment-Single Judge of High Court rejecting Company's prayer in public interest, however Division Bench directing grant of sanction for construction above 4th floor-Held : Such 'settled expectation ' cannot create any vested right to F obtain sanction-Claim based on alleged 'vested right' or 'settled expectation' cannot be set up against statvtory provisions brought into force by State Government by amending building rules and not by Corporation against whom such vested right or settled expectation is being enforced-Further, such settled expectation or vested right cannot be countenanced against public interest and convenience sought to be served G by amendment and resolution-Hence, order of Single Judge of High Court restored and that of Division Bench quashed Respondent-company applied for sanction for constructi~n of multi-storied building· upto seven floors. Appellant-Corporation did H not grant sanction within the prescribed period and also within four 1212 'f ' HOWRAH MUNICIPAL CORPN. v. GANGES ROPE CO. LTD. 1213 weeks period granted by the Court which was further extended. High A Court then directed the Corporation to grant sanction upto 4th floor level a_nd also permitted the Company to apply for further sanction beyond 4th floor if permissible. Corporation granted sanction and construction was completed upto 4th floor. Respondent then applied for sanction for three additional floors with separate building plans B which was rejected. Single Judge of High Court held that as the right of the company was reserved to apply for sanction for further floors, Corporation was bound to accept the construction plan and directed the Corporation to pass appropriate orders within four weeks. Respondent again approached the Corporation and as directed submitted C the required papers and documents. While the matter was pending for sanction for construction before the Corporation, State amended the Howrah Municipal Corporation Building Rules, 1991 restricting height of the buildings; consequent thereto Corporation passed a resolution restriction height of the building on GT Road and the Corporation refused to grant the permission. Single Judge of High Court held that D the sanction for additional three floors cannot be granted as the Building Rules have been amended and the resolution of the Corporation restricts height of the building on GT Road. However, Division Bench of High Court granted sanction for construction of three additional floors. Hence the present appeal. E Appellant-Corporation contended that order of the Court directing sanction within a specified pek'iod, did not create a vested right in favour of the company to seek sanction for construction of additional three floors, that the Division Bench of High Court erred in holding that the unamended rules and regulations in force on the date of F submission of the application seeking sanction for further construction, would govern the matter of sanction and the subsequent amendment cannot take away the alleged vested right for seeking sanction by the company; that in view of the amendment to the Building Rules and the consequent resolution taken by the Corporation restricting height of G buildings on GT Road, Corporation had to refuse the sanction for construction of three additional floors and this communication although delayed, cannot be described as malicious or against public interest; that it is denied th~t despite the order of the Court granting four weeks, the application for sanction was deliberately not considered H 1214 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R. A by the Corporation; and that there was no time-bound mandate by the "l'. court to the Corporation. Respondent-company contended that the Division Bench of High Court was justified in holding that on the. order of High Court fixing B a period within which the Corporation had to decide the application for sanction for constructing additional floors, a vested right was created in favour of the company to seek sanction; that the time bound orders of the Court were not only disregarded but were deliberately flouted for extraneous reasons; that the Corporation cannot refuse sanction when it has deliberately delayed the processing of application c for sanction beyond the period fixed by the Court and to allow the application to be rendered infructuous as a result of the amendment .to the Building Rules; that had the application for sanction decided within the time allotted, the company would have got the sanction order, and that Rules (3) and ( 4) making submission of fresh plan and D application for sanction apply in normal circumstances but in the instant case there was an order of the High Court reserving a 'liberty' and a right to the company to seek sanction for further construction above 4th floor. E Allowing the appeal, the Court HELD : I. In the matter of sanction of building for construction and restricting their height, the paramount consideration is public interest and convenience and not the interest of a particular person or a party. The sanction directed to be granted by Division Bench of High Court F for construction of additional floors in favour of respondent is clearly in violation of the amended Howrah Municipal Corporation Building • Rules, 1991 and the Resolution of the Corporation which restrict height of buildings on GT Road. This Court in its discretionary jurisdiction under Article 136 of the Constitution cannot support the impugned G order. Single Judge of High Court was right in rejecting the prayer of the respondent company in public interest and the Division Bench of High Court erred in directing grant of sanction for further construction above four floors. Therefore, the order ofDivision Bench of High Court is quashed and that of Single Judge is restored. 11234-B-FJ ~·. H 2.1. The insistence on the part of the Corporation for documents HOWRAH MUNICIPAL CORPN. v. GANGES ROPE CO. LTD. 1215 and additional information and fresh plan cannot be termed as A malicious or a deliberate attempt on their part to delay the processing of the application since by virtue of Rule 3 of the Building Rules for re-erecting or making addition to the existing building, submission of fresh plan for sanction was necessary and by Rule 4 fresh application for sanction with plans. Further, the order th2t the applicant will not B be 'prevented' from applying for further sanction cannot absolve the applicant from the obligations prescribed in Rules 3 & 4 of the Building Rules. The company complied with the necessary ,requirement~ but thereafter, the Building Rules were amended by the State and restrictions have been imposed on Jteight of buildings on the GT Road. C Therefore, the action· of the Corporation cannot be malicious. It can have no bona fide or ma/a fide hand in it. After the amended Building :Rules were notified, the Corporation on relevant ground of limited resources for civic amentities in a congested city like Howrah, with the approval of Mayor-in-Council, could legally impose legitimate restrictions on the height of buildings, on specified wards, roads and D localities. Further, the restrictions are not imposed only on GT Road but there was several specified wards and areas in which restrictions are applied. It cannot be accepted that such a legislative change and consequent resolution came to be passed and got approved only to frustrate the pending application of the company. (1231-A-D) E 2.2. It is undeniable that after the amendment of Howrah Municipal Corporation Building Rules 1991 and the Resolution passed by the Corporation thereunder restricting heights of buildings on specified wards, roads and localities would apply to all pending, applications for sanction. Regarding the case of the applicant seeking sanction who had F approached the court and obtained consideration of its applications for sanction within a specified period, in the various orders passed by High Court in writ petitions successively filed by the company in an effort to obtain early sanction for its additional construction of three floors no mandate is issued to the Corporation to grant a sanction. High G Court directed in the first order merely a 'liberty' or option to the company to seek sanction for additional three floors. In the subsequent order, an 'expectation' was expressed for decision of the pending applications within a period of four weeks. Thus, there was an order of High Court in favour of the company directing the Corporation to H 1216 SUPREME COURT REPORTS (2003] SUPP. 6 S.C.R. A decide its pending applications for sanction within the allotted period but non-compliance thereof by the Corporation cannot result in creation of any vested right in favour of the company to obtain sanction on the basis of the Building Rules as they stood on the date of making application for sanction and regardless of the amendment introduced B to the Building Rules. Neither the provisions of the Act nor general law create any vested right. Conceding or accepting such a so-called vested right of seeking sanction on the basis of unamended Building Rules, as in force on tit~ date of application for sanction, would militate against the very scheme of the Act contained in Chapter XU and the C Building Rules which intend to regulate the building activities in a local area for general public interest and convenience. It may be that the Corporation did not adhere to the time limit fixed by the Court for deciding the pending applications of the company but the Building Rules with prohibition or restrictions on construction activities, as applicable on the date of grant or refusal of sanction, would govern D the subject matter and not the Building Rules as they existed on the date of application for sanction. No discrimination can be made between a party which had approached the court for consideration of its application for sanction and obtained orders for decision of its application within a specified time and other applicants whose E applications are pending without any intervention or order of the Court. [1232-A-H; 1233-A) F 2.3. The context in which respondent-company claims a vested right for sanction and has been accepted by Division Bench of High Court, is not a right in relation to 'ownership or possession of any property' for which.the expression 'vest' is generally used, but on the basis of Building Rules, as applicable to their case on the date of making an application for sanction and the fixed period allotted by the court for its consideration, it had a 'legitimate' or 'settled expectation' to obtain the sanction. Such 'settled expectation', if any, did not create G any vested right to obtain sanction. Respondent-company which has no control over the manner of processing of application for sanction by the Corporation cannot be blamed for delay but during pendency of its application for sanction, if the State Government, in exercise of its rule making power, amended the Building Rules and imposed H restrictions on the heights of buildings on G.T. Road and other wards, "Y ', <' • HOWRAH MUNICIPAL CORPN. v. GANGES ROPE CO.LTD. [DHARMADHIKARI, J.] 1217 such 'settled expectation' has been rendered impossible of fulfilment A due to change in law. The claim based on the alleged 'vested right' or 'settled expectation' cannot be set up against statutory provisions which were brought into force by the State Government by amending the Building Rules and .not by the Corporation against whom such 'vested right' or 'settled expectation' is being sought to be enforced. B The 'vested right' or 'settled expectation' has been nullified not only by the Corporation but also by the State by amending the Building Rules. Furthermore, such a 'settled expectation' or 'vested right' cannot be countenanced against public interest and convenience which are sought to be served by amendment of the Building Rules and the resolution of the Corporation issued thereupon. [1233-C-H; 1234-A) C Us.man Gani J. Khatri of Bombay v. Cantonment Board, [1992) 3 SCC 455; State of West Bengal v. Terra Firma Investment & Trading Pvt. Ltd., [1995) 1 SCC 125 and Chet Ram Vashist v. Municipal Corporation of Delhi & Anr., [1980) 4 sec 647, referred to. D Judicial Dictionary (A complete Law Lexicon), Thirteenth Edition by K.J. Aiyer, relied on. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8561 of 1997. E: From the Judgment and Order dated 5.9.97 of the Calcutta High Court in A. No. 404/96 Arising out ofC.A. No. 3145/96 arising out of A.P.O.T. No. 520 of 1996. Tapas Ray, Dr. Rajeev B. Masodkar and L.C. Agrawala for the F Appellants. Shanti Bhushan, Sunil Kumar Jain, Manish Kumar, Ansar Ahmed Chaudhary and S. Bo1thakur for the Respondents. The Judgment of the Court wad deliered by DHARMADHIKARI, J. : By this appeal, the Howrah Municipal Corporation challenges the Division Bench judgment dated 05.9.1997 of G the High Court of Calcutta whereby it has reversed the judgment dated 6.8.1996 passed in Writ Petition No. 2561 of learned Single Judge ofthat H 1218 SUPREME COURT REPORTS (2003] SUPP. 6 S.C.R. A Court. The Division Bench has directed grnnt of sanction for construction ,., ' of three additional floors to the multi-storeyed complex which is already constructed up to four floors belonging to respondent - Ganges Rope Co. Ltd. B The learned Single Judge in his order found that although the sanction for construction for additional three floors to the existing complex, sought by the respondent - company, was delayed by the Corporation without any justification, its prayer for grant of sanction for additional three floors cannot be granted as the Howrah Municipal Corporation Building Rules 1991 framed under the provisions of Howrah Municipal Corporation Act c 1980 (for short "the Act") have been amended and the resolution of the Corporation issued thereunder prohibit multi-storeyed construction above one plus two floors on G.T. Road, Howrah. The Division Bench of the High Court by the impugned judgment by D taking a contrary view has held that sanction for construction of the multistoreyed complex of respondent - company up to fourth floor having been granted by orders of the High Court in the earlier Writ Petition with liberty reserved in favour of the company to seek sanction up to 7th floor, it was not open to the Corporation to refuse sanction only because after expiry E of the stipulated period of sixty days provided in the rules for grant of sanction or refusal and expiry of the extended period granted by the High Court, Building. Rules have been amended prohibiting construction of multi-storeyed buildings above third floor on the G.T. Road, Howrah. Only few relevant dates and facts are necessary for deciding the F controversial issue regarding sanction of additional three floors to the multi-storied complex. The respondent-company first applied for sanction for construction of its complex up to seven floors on 6. 7 .1992. Since the sanction was not granted within the prescribed period of sixty days in accordance with the Building Rules, it approached the High Court in Writ G Petition. The learned Singh Judge made the following directions in his order passed on 26.4.1993 :- "I dispose of this application with a direction upon the Howrah Mμnicipal Corporation authorities to consider and dispose of the ....... petitioners' application for grant of sanction of the building plan H submitted by them on 6th July, 1992, within a period of four • ... HOWRAH MUNICIPAL CORPN. v. GANGES ROPE CO.LTD. [DHARMADHIKARI, J.] I 2 I 9 weeks from date in accordance with the provisions of Howrah A Municipal Corporation and the Building Rules. In default, the parties are at liberty to mention the matter." The period granted to the Corporation to decide the application for B sanction was extended by a further period of three weeks by learned Judge on 28.5; 1993. Since the Corporation did not either grant or refuse the sanction even within the extended time, the respondent approached the High Court again on 23 .12.1993. The Court passed the following order :- "It appears that sanction of building Plan within Howrah Munici- C pal area is permissible up to ground plan 4th floor level and as contended on behalf of the petitioners even up to 7th floor level." This submission made on behalf of the appellants is not disputed on behalf of the Howrah Municipal Corporation. Having regard to the above, I dispose of the application by directing the Howrah Municipal Corporation to grant sanction to D the petitioners' Plan submitted on 6th July 1992 up to the 4th floor level, if all the requirements are duly complied with by the writ petitioners. Such sanction must be given by the Howrah Munici- E pal Corporation within one month from the date of communication of this order. The Howrah Municipai Corporation is directed to notify the petitioners the necessary sanctioning copies and the same is to be deposited by the petitioners upon being so notified. This order will not prevent the petitioners from applying for further sanction if the same at all permissible at a later date. The application is thus disposed of " (Italics to add emphasis) It is not in dispute that after the order dated 23.12.1993 on grant of sanction by the Corporation, construction in the Building Complex up to F G 4th level has been completed. On the basis of the above order in which liberty was given to the present respondent company to apply for further sanction to construct beyond 4th floor up to 7th floor, further sanction was H 1220 SUPREME COURT REPORTS [2003) SUPP. 6 S.C.R. A sought by letter dated 27th May, 1994, addressed to the Corporation with ·-:;. separate building plans for three additional floors. Since the Corporation did not accept the application and communicated no order of sanction, the respondent-company again approached the B High Court. Learned Single Judge of the High Court in his order dated 24.6.1994, by referring and reproducing the earlier order of the High Court dated 23.12.1993, held that as the right to the company was reserved to apply for sanction for further floors, the Corporation was bound to accept the construction plan. The learned Judge directed that on the application c with plan submitted for construction of three additional floors, the Corporation should pass appropriate orders within four weeks from the date of submission of the plan and receipt of copy of the order. Armed with the above order, the company again approached the Corporation by letter dated 28.6.1994 to grant sanction of construction of D three additional floors. The Corporation wrote back on 28. 7 .1994 demanding from the company submission of fresh plans. Second letter dated 19.9.1994 was also addressed by the Corporation to the Company requiring submission of requisite number of prints of proposal, tax clearance certificate, previous sanctioned plan, indemnity bond for deep foundation work, E proposal plans approved by Fire Service Authority and other documents showing permission for 'change of use'. The company al~ng with the letter ' dated l 0.8.1994 complied with the directions and submitted the required papers and documents. When the application for sanction for construction of additional three F floors, filed by respondent company was pending for sanction with the Corporation, the Government of West Bengal by Notification published in the Calcutta Gazette (Extraordinary) dated 15. 7 .1994, in exercise of powers under section 215 of the Act amended the 'Building Rules' restricting height of high rising buildings to the prescribed level depending upon the G width of the street on which the building is proposed to be constructed. This restriction on the height of the building proportionate to the width of the street was prescribed in table under sub-rule (1) Rule 20. For streets including G.T. Road with width up to 18-20 meters, the permissible height of buildings prescribed is 36 metres. The permissible· construction, there- .... .-:-- H fore, for G.T. Highways could be up to 36 metres i.e; about 11 to 12 floors. >-- ... HOWRAH MUNICIPAL CORPN. v. GANGES ROPE CO.LTD. [DHARMADHIKARI, J.] 1221 Under amended sub-rule (3) of Rule 20, however, the Commissioner, with A approval of Mayor-in-Council was granted power to restrict the height of high rising buildings in specified areas and wards keeping in view the limited civic amenities. Sub-rule (3) of Rule 20, as amended by Notification dated 15.7.1994, needs to be reproduced as Corporation has placed heavy reliance on the same to justify refusal of sanction :- B "Notwithstanding anything contained in sub-rules (I) and (2), if the Commissioner, having regard to (a) the existing water supply, sewerage and drainage system in any ward or part thereof, or (b) the traffic carrying capacity of a street in any ward or part thereof, or (c) the density of population of that area, or (d) the commercial C activity of that area, or (e) the conditions of the existing building, is of the opinion that the erection of any building exceeding I 0 metres in height or execution of any work in such ward or part thereof will put additional burden on the existing civic services, he may sanction erection of such building or execution of such D work subject to such restrictions ofheight and F.A.R. or conditions including uses as he may deem fit to impose, provided that no such action shall be taken by the Commissioner without the prior approval of the Mayor-in-Council. " In exercise of powers under sub-rule (3) of Rule (20) (as amended E with effect from 15.7.1994) with due approval of Mayor-in-Council, the Commissioner of the Corporation imposed a restriction on construction of buildings exceeding ten metres in height in the prescribed wards and streets which include GT Road on which the respondent seeks sanction for construction of additional three floors. The relevant resolution of the F Corporation dated 02.9 .1994 in its relevant parts reads thus : "Having regard to - 1. The existing water supply, sewerage and drainage system in G any Ward or part thereof, or 2. The traffic carrying capacity of a street in any ward or part thereof, or 3. The density of population of that area or H 1222 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R. A 4. The commercial activity of that area or B c D E F 5. The conditions of the existing building, it is unanimously felt that erection of any building exceeding 10 mts. in height in the following Ward/Street will put additional burden to existing civic services and therefore following decision is taken in terms of Rule 20(3) of amended H.M.C. Building Rules: (a) The height of the building is to be restricted within 10 metres in the Ward Nos. 12 to 16, 29 to 31 and 33 to 40. (b) In case ofG. T. Road facing South to North of any order Wards other than above in item (1) restriction of new building proposals upto JO metre of height to be imposed upon the holdings which fall within 50 metres to both sides of the road. But in practising so, when a holding is affected pa1tly, in that case the entire holding should be considered as affected holding. (c) In cases of holdings with reference to Kona Express Highway & l 00' HIT Road from Beliapole to Natabar Paul Road crossing they should also be dealt with as per Item (2) above. Decision The above mentioned orders of Mayor dated 10.7.94 in regard to amendments of H.M.C. Building Rules, 1991 permissible height of Building, Flpor Area Ratio & conditions including uses is confirmed. G Certified to be true copy of the origin. H Sd/- Secretary, Howrah Municipal Corporation" (Underlining for pointed attention) HOWRAH MUNICIPAL CORPN. v. GANGES ROPE CO.LTD. [DHARMADHIKARI, J.] 1223 On the basis of the amended Rule 20 which came into force with A effect from 15.7.1994 and the consequential resolution dated 18.7.1994 of Corporation which was taken with the approval of Mayor-in-Council, the Corporation by letter dated I 6.9. I 994 informed the respondent company that in view of the restrictions imposed on the height of buildings on GT Road, the sanction sought by them for additional three floors cannot be B granted. The proposal for futiher construction, therefore was "treated as cancelled." Learned counsel appearing for the Corporation in assailing the impugned order of the Division Bench contends that in view of the amendment introduced by the State of West Bengal to the Building Rules C and the consequent resolution taken by the Corporation restricting height of buildings on GT Road, the Corporation had no option but to refuse the sanction for construction of three additional floors and this communication of the Corporation although delayed, cannot be described as malicious or against public interest. It is also contended on behalf of the Corporation D that on the orders of the Court directing sanction within a specified period, no vested right was created in favour of the company to seek sanction for construction of additional three floors. The Division Bench was clearly in error in coming to the conclusion that the unamended rules and regulations in force on the date of submission of the application seeking sanction for E further construction, would govern the matter of sanction and the subsequent amendment to the Building Rules cannot take away the alleged vested right for seeking sanction by the company. Learned counsel argued that a claim for such vested right for sanction F for construction was negatived in comparable circumstances in two decisions of this Court viz. Usman Gani J. Khatri of Bombay v. Cantonment Board, (1992] 3 SCC 455 and State of West Bengal v. Terra Firma Investment & Trading Pvt. Ltd., [1995] l SCC 125. On the other side learned counsel appearing for the respondent - G company took this Court through the various orders made by the High Court from time to time successive Writ Petitions filed by the company. The provisions of the Act and the Building Rules were read to contend that the Division Bench was fully justified in coming to the conclusion that on the date the High Court allowed the company to submit plans for sanction H 1224 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R. A for construction of additional three floors and fixed a period within which the Corporation had to decide the application for sanction, a vested right had been created in favour of the company to seek sanction on the basis of the unamended Building Rules as they existed. It is argued that on the basis of subsequent amendment to the rules, it is not open to the B Corporation to refuse sanction when the Corporation is found to have maliciously and for extraneous reasons delayed the processing of application for sanction much beyond the period fixed for the purpose by the last order of the High Court in the earlier writ petition. Learned counsel submits that had the application for sanction submitC ted with plans by the company for constructing three addirional floors been decided within the time allotted by the High Court, the company would naturally have got the order of sanction because by that date the amended Building Rules and the consequent resolution of the Corporation restricting height of buildings on G.T. Road had not come into force. D The main question that falls for consideration before us is whether, by the order of the Court in which a period was fixed for the corporation to take a decision on the application for sanction for construction of additional floors, any vested right has been created in favour of the company to seek sanction for the construction of additional three floors E irrespective of subsequent amendment to the Building Rules and the resolution of the Corporation putting restrictions on the height of high rising buildings on GT Road. The subject of sanction of construction is governed by the provisions F of the Act, Rules and Regulations as also the Resolution oftbe Corporation which was taken with approval of Mayor-in-Council. The statutory provisions regulating sanction for construction within the municipal area are intended to ensure proper administration of the area and provide proper civic amenities to it. The paramount considerations ofregulatory provisions G for construction activities are public interest and convenience. On the subject of seeking sanction for construction, no vested right can be claimed by any citizen divorced from public interest or public convenience. To decide on the justification of the claim raised on behalf of the company that the order of Court fixing a time limit for the Corporation to H decide its application for sanction creates a vested right, it would be .. HOWRAH MUNICIPAL CORPN. v. GANGES ROPE CO.LTD. [DHARMADHIKARI, J.] 1225 necessary to examine the relevant provisions of the Act, Rules and the A Regulations. Chapter XII of the Act contains provisions regulating sanction for construction or erection of buildings in the area within the limits of the Corporation. Section 173 states : "No person shall use any place of land as a site for erection of a new building except in accordance with the provisions of this Act and the regulations made under this Act in relation B to such erection of building.'' Section 174 requires : "Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information or document as may be prescribed." Section 175 reads:- "Section 175. The Commissioner shall sanction the erection of C building ordinarily within a period of sixty days unless any further information or document be called for or sanction be refused in the meantime on such grounds as may be prescribed." [Emphasis added] What is to be noted from Section 175 (quoted above) is that a period of sixty days is not a firm outer limit as the words "sixty days" are prefixed D . by the word "ordinarily." It is also to be noted that the provisions of the Act under consideration, compared with other Corporatio11 Acts of other States, do not provide for 'deemed sanction' or 'deemed rejection' after E expiry of the prescribed period fixed for deciding the application for sanction. In the case of Chet Ram Vas/.iist v. Municipal Corporation of Delhi & Anr., (1980] 4 sec 647, the provisions contained in Section 313 of the F Delhi Municipal Corporation Act, 1957 came up for consideration where not only a period of sixty days was prescribed for according or disallowing sanction for construction but proviso under sub-section (5) of that section further provided that in no case, passing of orders on the application for sanction shall be delayed beyond sixty days after necessary information demanded by the Corporation has been received. Even on such specifica- G tion of fixed period, this Court held :- . ''Sub-sections (3) and (5) of Section 313 prescribed a period within which the Standing Committee is expected to deal with the application made under sub-section (1). But neither sub-section H A B c D E 1226 SUPREME COURT REPORTS [2003] SUPP. 6 S.C.R. declares that if the Standing Committee does not deal with the application within the prescribed period of sixty days it will be deemed that sanction has been accorded. The statute merely requires the Standiilg Committee to consider the application within sixty days. It stops short of indicating what will be the result ifthe Standing Committee fails to do so. If it intended that the failure of the Standing Committee to deal with the matter within the prescribed period should imply a deemed sanction it would have said so. They are two distinct things, the failure of the Standing Committee to deal with the application within sixty days and that the failure should give rise to a right in the applicant to claim that sanction has been accorded. The second does not necessary follow from the first. A right created by legal fiction is ordinarily the product of express legislation. It seems to us that when sub-section (3) declares that the Standing Committee shall within sixty days of receipt of the application deal with it, and when the proviso to sub-section (5) declares that the Standing Committee shall not in any case delay the passing of orders for more than sixty days the statute merely prescribes a standard of time within which it expects the Standing Committee to dispose of the matter. It is a standard which the statute considers to be reasonable. But non-compliance does not result in a deemed sanction to the lay-out plan." The provisions of the Act, therefore, contemplate an express sanction to be granted by the Corporation before any person can be allowed to construct or erect a building. Thus, in ordinary course, merely by submisF sion of application for sanction for construction, no vested right is created in favour of any party by statutory operation of the provisions. The question then is whether such a vested right can be deemed to have been created by the fixation of time limit by the Court in its order for considering the applica~ion for sanction. In th~ order dated 23.12.1993 sanction was G granted for construction up to 4th floor level and for further construction it was observed thus : "This order will not prevent the petitioners from applying for further sanction if the same at all permissible at a later date." H After the above order, the company applied for sanction of additional ) t 1,. t HOWRAH MUNICIPAL COR.PN. v. GANGES ROPE CO.LTD. [DHARMAOHIKARI, J.] 1227 ll'llt" three floors. The stand to the company, as contained in letters, addressed A to the Corporation, appears of be that it was entitled to seek sanction on the same application which it had earlier filed with plans for seven floors and on which under the orders of the courts in the first writ petition, sanction was granted up to four floors. The Corporation sent replies :md sought documents and additional information from the company. It was B insisting on the company to submit fresh application for sanction with plans of three additional floors to their existing construction. This insistence on the part of the Corporation cannot be termed as malicious or a deliberate attempt on their part to delay the processing of the application. Rule 3 of the Building Rules supports the stand of the Corporation that for re-erecting c or making addition to the existing building, submission of fresh plan for sanction was necessary. Rule 3 reads : "Rule 3. Prohibition of building without sanction :- (1) No person shall erect a new building or re-erect or make D addition to, or alteration of, any building or cause the same to be done without obtaining s~nction from the Commissioner and where necessary, a development permit from the concerned authority under the West Bengal Town and Country (Planning and Development) Act, 1979." E Rule 4 further reinforces requirement of a fresh application for sanction with Plans for additional three floors. Rules 4 reads thus :- "Rule 4. Notice for erection or alteration of a building:- ( l) every person who intends to make a new building on any site, whether F previously built upon or not, or re-erect or make additions to, or r alteration of, any building shall apply for sanction by giving notice in writing to the Commissioner." On behalf of the company it was argued that Rules (3) & (4) apply G in normal circumstances but in this case there was an order of the High Court reserving a 'liberty' and a right to the company to seek sanction for further construction above 4th floor. -./' It is not possible frr the court to read more into the order dated 23.12.1993 whereby the couit merely observed that the applic~nt will not H 1228 SUPREME COURT REPORTS [2003) SUPP. 6 S.C.R. A be 'prevented' from applying for further s2nction. This one observation cannot be read to absolve the applicant from the obligations prescribed in Rules 3 & 4 of the Building Rules. On a subsequent approach by the respondent - company to the High B Court, by order dated 24.6.1994, learned Single Judge merely 'expected' the Corporation to pass the appropriate orders on the pending application for sanction of additional floors to the company within a period of four weeks. The relevant part of the order states :- c "It is expected that the Howrah Municipal Corporation shall pass appropriate orders within four weeks from the date of submission of the Plan and receipt of copy of the order." According to the company, on the expiry of period of four weeks fixed by order dated 24.6.1994, there was no justification for the CorpoD ration to keep the application for sanction pending an