Calcutta High Court
Sanjeev Sanyal And Anr vs The Director General on 5 August, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
2025:CHC-OS:140-DB
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
AN APPEAL FROM JUDGMENT AND ORDER PASSED IN ITS
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
APO/46/2024
With WPO/116/2024
IA No.GA/1/2024
SANJEEV SANYAL AND ANR.
-VERSUS -
THE DIRECTOR GENERAL, WEST BENGAL, FIRE AND EMERGENCY
SERVICES, GOVERNMENT OF WEST BENGAL AND ORS.
Present :
The Hon'ble Justice Debangsu Basak
-And-
The Hon'ble Justice Prasenjit Biswas
For the Appellant : Mr. Rajarshi Dutta, Adv.
Mr. V.V.V. Sastry, Adv.
For the State : Mr. Sirsanya Bandopadhyay, Adv.
Ms. Tapati Samanta, Adv.
For the KMC : Mr. Alak Kumar Ghosh, Adv.
Ms. Piyali Sengupta, Adv.
For the Respondent No.5 : Ms. Sucharita Ray, Adv.
HEARD ON : 05.08.2025
DELIVERED ON : 05.08.2025
DEBANGSU BASAK, J.:-
1. Appeal is at the behest of the two purchasers of two flats in a building.
Appeal is directed against order dated February 26, 2024 passed in
WPO/116/2024.
2025:CHC-OS:140-DB
2. Appellants before us filed such writ petition in which the impugned order
was passed. By the impugned order, learned Single Judge disposed of
the writ petition with liberty to the appellants to approach the
appropriate Forum/Court for reliefs as claimed by the appellants.
3. Essentially, appellants seek occupancy certificate in respect of the two
flats.
4. Learned Advocate appearing for the appellants submits that, occupancy
certificate in respect of two flats were not issued by the Kolkata
Municipal Corporation (KMC) within whose jurisdiction the property is
situated. He submits that, the obligation to obtain fire safety certificate
as also the occupancy certificate lies with the promoter which is the
respondent no.5 in the present appeal.
5. In response to a query of the Court, learned Advocate appearing for the
appellants submits that, the appellants as also the other flat owners of
the building are ready and willing to bear the costs and expenses for the
purpose of obtaining the fire safety certificate subject to the appellants
and the other flat owners being permitted to recover such costs and
expenses from the promoter.
6. State, Kolkata Municipal Corporation authorities as also the respondent
no.5 are represented.
7. Learned Advocate appearing for the respondent no.5 submits that, one of
the partners of the respondent no.5 expired and that the other partner is
immobile. She contends that the obligation to pay for the occupancy
certificate as also the fire safety certificate lies on the individual flat
owners and that such obligations are not of the promoter.
2025:CHC-OS:140-DB
8. There is an issue with regard to the obligation of the flat owners and the
promoter with regard to obtaining of the completion certificate.
Completion certificate is dependent on the fire safety certificate.
9. Apparently, the private parties are not in a position to arrive at a
consensus as to who is liable to obtain the occupancy and the fire safety
certificate and who is to pay for the same.
10. Instead of entering into such disputed arena, it would be appropriate for
us to permit the appellants before us as also the other flat owners to
bear the costs and expenses at the initial stage and obtain the fire
safety certificate. Such costs and expenses may be recovered from the
person responsible, in a duly instituted proceedings.
11. The Court is informed that there are proceedings pending before the
National Consumer Disputes Redressal Commission at New Delhi with
regard to the obligation of the promoter to obtain the occupancy
certificate.
12. Parties may avail of their remedies before such forum with regard to the
occupancy certificate, if so advised.
13. In such circumstances, APO/46/2024 along with the connected
application are disposed of without any order as to costs.
(DEBANGSU BASAK, J.)
14. I agree.
(PRASENJIT BISWAS, J.)
A/s.
