NAWAL KISHORE SHRIVASTAV Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-6-102
HIGH COURT OF CALCUTTA
Decided on June 12,2019

Nawal Kishore Shrivastav Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Debangsu Basak - (1.) The petitioner claims that, a complaint lodged with the authorised officer on May 7, 2017 under the provisions of the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 be disposed of under the provisions of the Act of 1993 in view of Section 86 of the West Bengal Housing Industry Regulation Act, 2017.
(2.) Learned senior advocate for the petitioner submits that, in view of the provisions of Section 86(2)(a) of the Act of 2017, a proceeding commenced before the Act of 2017 coming into force should be continued with and disposed of under the provisions of the Act of 1993 unless otherwise agreed by the parties. In the present case, the parties to the lis have not agreed that, the provisions of the Act of 2017 will not apply. In such circumstances, according to him, the authority should dispose of the complaint dated May 8, 2017 under the Act of 1993.
(3.) The State is represented.;


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