M.H.S. Ansari, J. - (1.) The instant appeal is directed against a judgment and order dated 16th April, 1999 passed by a Learned Single Judge of this Court whereby and whereunder the writ application filed by the respondents/writ petitioners was allowed in terms of prayers 'A', 'B', 'C' and 'D' of the writ petition subject, however, to certain directions contained therein which are, inter alia, to the effect that West Bengal Housing Board (WBHB) shall not interfere in the matter of allotment of the 156 Car Parking spaces which shall be sold by the society to 'B' Type Flat Owners only, sale price for the same to be fixed by the society, prior to taking steps for sale, after inviting applications from all 'B' Type Flat Owners. In case the number of applications exceeded the number of spaces available, there shall be allotment by Lottery. In case the number of applications is less than the number of spaces, the vacant spaces should be left vacant for future allotment to 'B' type flat owners etc.
(2.) The respondents/writ petitioners are owners of the 'B' type flats having purchased the same from W.B.H.B. in the 3rd phase at the Casba area. In the said 3rd phase, there are two types of flats being Type 'A' (60 Sq. Mt.) and Type 'B' (80 Sq. Mt.). The information Guide gives the details of the Scheme, relevant particulars specifications etc. and to the extent relevant reads as under : "2. Scheme : The scheme provides for construction of about 352 Nos. of ownership flats of Type-'A' (60.5 Sq. Mtrs. approx.) and Type-'B' (80 Sq. Mtrs. approx). Type 'A' flats will be in four-storeyed walk up type buildings while type 'B' flats will be Ground Floor (Parking space) plus four-storeys. Detailed particulars.of the flats under the scheme are given in para 3. The number of the flats in each type may, however, vary on account of demand or otherwise." About 155 Nos. of covered parking space will be available in the ground floor of 'B' types blocks for sale to the allottees, which will have to be maintainted and managed by the Apartment Owners' Association/Co- operative Housing Society Ltd."
(3.) The general terms and conditions governing the allotment and sale of the flats in Rule 5 prescribes the procedure for Documentation for transfer of dwelling unit Rule 5(1) upon which much reliance has been placed reads as under : "5.1 Before execution of deed of transfer, the allottees of the dwelling units will have to take over charge of maintenance and management of the common areas and facilities, infrastructure, preferably through formation of Co-operative Housing Society or any institutional body of the allottees duly formed by them and registered and accepted by the Board. For function of such Co- operative Society or institutional body prior permission from the Housing Board shall be obtained.";