Calcutta High Court (Appellete Side)
Prasanna Jash & Ors vs The State Of West Bengal & Ors on 9 November, 2022
11. 09.11.2022
Ct. No.6
Tanmoy
M.A.T. 1429 of 2022
Prasanna Jash & Ors.
-Versus-
The State of West Bengal & Ors.
With
IA No: C.A.N. 1 of 2022
Mr. Debasish Saha, Adv.,
Mr. Moniruzzaman, Adv.,
Mr. Basudeb Dan, Adv.
...for the appellants.
Mr. Subhasis Bandopadhyay, Adv.
...for the Burdwan Municipality.
Mr. Debasish Ghosh, Adv.,
Mr. Varun Kothari, Adv.
...for the respondent no. 8.
By consent of the parties, the appeal and the
connected application are taken up together for hearing.
A judgment and order dated July 4, 2022, whereby
WPA 11975 of 2020 was dismissed, is the subject-matter of
challenge in this appeal.
The appellants/writ petitioners, 46 in number,
approached the learned Single Judge claiming to be flat
owners in a multi-storeyed building at Barddhaman
Housing, Phase-II, G.T. Road, Burdwan - 713103. Their
grievance was that completion certificates and mutation
certificates were not being issued by the Burdwan
Municipality in their favour. Their further grievance was
that the Municipality was not considering their
representation dated December 22, 2020 wherein they had
made certain complaints regarding the construction in
question.
The learned Judge observed that there was a
particular procedure laid down in the West Bengal
Municipal Act, 1993 according to which, a completion
certificate is to be issued. The writ petitioners without
obtaining completion certificates had taken possession of
the respective flats. This was impermissible in view of
Section 212(2) of the 1993 Act. On that ground, the
learned Judge refused to grant the prayers in the writ
petition and dismissed the writ petition. Hence this appeal.
Learned Advocate for the appellants says that
subsequent to filing of this appeal, completion certificates
have been issued by the Municipality to the developer
being the respondent no. 8 herein. Hence, the grievance of
the appellants on that score should stand redressed. The
mutation certificates should also be issued following due
process of law.
Insofar as non-consideration of the representation
made by the appellants is concerned, we are of the view
that a more comprehensive representation should be made
by the appellants to the Burdwan Municipality. The
appellants would be at liberty to make such representation
within a fortnight from date. If such representation is made
within the time period indicated, the concerned Officer in
the Municipality shall dispose of the same, in accordance
with law and the applicable Rules and Regulations, if any,
by a reasoned order, within a period of six weeks from the
date of receipt of the representation, after giving an
opportunity of hearing to all concerned including the
appellants and the respondent no.8 herein. The order so
passed shall be communicated to the concerned parties
within a week from the date of the order. Needless to say, if
the Municipality deems it necessary for the purpose of
disposing of the representation of the appellants to conduct
a local inspection of the property in question, it will be at
liberty to do so.
We have not gone into the merits of the disputes
between the parties. It will be up to the Municipality to
take an informed decision, in accordance with law, if any
representation is made by the appellants.
Since we have not called for affidavits, the allegations
made in the stay petition shall be deemed not to have been
admitted by the respondents.
The appeal being M.A.T. 1429 of 2022 and the
connected application being IA No: C.A.N. 1 of 2022 are
accordingly disposed of.
Let urgent photostat certified copies of this order, if
applied for, be made available to the parties upon
compliance with all necessary formalities.
(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)
