In Wheeler and another V. J J Saunders Ltd. and Ors. reported in 1995 (2) All
England Reported 697 also cited by Mr. Chowdhury it was stated by the Court of
Appeal that where a statute directly authorised construction and use of a building it
took away common law rights. But there was a difference between direct statutory
authority and obtaining planning permission. Obtaining planning permission did not
take way such rights. An Indian authority in Kamalakanta De and Ors. Vs.
Radhaballav Kundu and Ors. reported in 84 CWN 624 was cited to show that a
sanctioned plan was no defence in a case alleging infringement of easement rights.
Common law rights were not generally affected by a sanctioned plan.
G.A. NO. 2698 of 2013
C.S. NO. 285 OF 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
In the Matter of :
ITC Limited V Chowringhee Residency Private Limited.
Judgement On: - 03.09.2014
I.P. MUKERJI, J.
