An interesting case involving the rights of the French Municipal Council in refusing permits for, the constructión of houses after several applications had been made by a Chinese firm who had conformed to the Councils wishes in altering plans, was heard in the French Consular Court yesterday.
After a lengthy hearing the Council were ordered to deliver the permit within eight days of the notification of judgment, failing which they would have to pay $100 for each day of delay.
Mr. Rivelain Kaufman, Consular Judge for China, heard the case which was brought by the Dah Ching Investment Ca., a Chinese concern represented by Mr. Paul Premet. The petition stated that they were owners of lands at Route Dupleix in the French Concession.
It was stated in court that, having decided to build houses on these lands, they applied to the French Municipality in July of this year for a permit to build 27 two-storeyed houses and submitted plans accordingly.
"Aesthetics"
On August 6, it was stated, a decision was given by the Municipality who refused the permit, requiring that "aesthetics of the houses should be improved." Following the decision plaintiffs altered: their plans and again applied for a permit.
The Municipality issued a second decision on September 9 when the permit was refused on the grounds that the "location was mot suitable for the building of cheap houses." On receiving the decision plaintiffs changed their plans again by reducing the number of houses.
A third decision was received from the Municipality on October 28, by which they were invited to wait "until the new projected regulations concerning the areas reserved for the residences should be promulgated." Unsatisfied by all those decisions, added Mr. Premet, the plaintiffs applied to the French Consular Court.
Through Mr. Premet they contended that the first decision by which the Municipality had requested an improvement in aesthetics was the only one, which could be applied to, /Furthermore they explained that, lawfully, the permit should have been given according to the regulations in force at the time of the application and that the awaited regulations could not govern the case in any way.
Text read from the printed page and cleaned; old type leaves the occasional error.