In these petitions, two questions mainly arise, namely: (1) Whether the grant of licence by deed of licence dated February 15, 1985 by the Municipal Corporation in favour of respondent No. 14 Messrs Happy Homes & Hotels Private Limit ed of the subsoil of Satyanarayan Park in the Burrabazar area of the Metropolitan City of 992 Calcutta for implementation of a development scheme, namely, to build and construct a two storeyed underground aircondi tioned basement market, and to hold the said market for a period of 30 years from the date of execution of the deed on payment of a premium of Rs.30 lakhs and a licence fee of Rs.40,000 per month on condition that the licensee shall at its own cost relocate and maintain the park on the top of the said market for augmenting and improving amenities to the citizens which shall always remain as a public park belonging to the Municipal Corporation, was in breach of its statutory powers under sub section