SINGHI PROJECT PVT LTD Vs. STATE OF WEST BENGAL
LAWS(CAL)-2020-8-11
HIGH COURT OF CALCUTTA
Decided on August 17,2020

Singhi Project Pvt Ltd Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Arijit Banerjee, J. - (1.) In this writ application the petitioners assail a Memo dated 19 July, 2017 issued by the Joint Commissioner, Bidhannagar Municipal Corporation, being the respondent no.5 herein. The said Memo was a notice of disconnection of drainage and sewerage in respect of premises no. EC-2, Sector-I, Salt Lake City, P.S. Bidhannagar (North), Kolkata - 700064 (hereinafter referred to as 'the said premises'), for allegedly violating the provisions of Sections 226, 273 and 282(2) of the West Bengal Municipal Corporation Act, 2006 (in short 'the said Act'). The petitioners also pray for a writ in the nature of mandamus commanding the official respondents to issue the Completion Certificate in respect of the said premises. The material facts of the case leading to the present writ petition are as follows.
(2.) The said premises was originally a vacant plot of land measuring about 5.22 kathas. The State of West Bengal granted a lease of 999 years in respect of the said premises in favour of one Sachin Kumar Biswas (in short, 'Sachin') by executing a registered Lease Deed dated 24 November, 1982. Sachin took possession of the said land on or about 15 July, 1983. Sachin died intestate on 5 July, 1997 leaving the respondent nos.6 & 7, wife (Elizabeth) and son (Anthony), as his only legal heirs. The names of Elizabeth and Anthony were mutated as lessees of the said premises in the land records on or about 24 April, 2003.
(3.) It is the case of the petitioners that a building plan was sanctioned by the Bidhannagar Municipality (the predecessor of the respondent no.5, Municipal Corporation) for constructing a three-storied building on the said plot of land on 11 January, 2011. It is further contended that such a building was constructed on the said plot of land strictly adhering to the sanctioned building plan. One Smt. Krishna Mittal as Power of Attorney holder, applied to the Municipality on behalf of Elizabeth and Anthony for issuance of Completion Certificate in respect of the said premises. However, till date such Completion Certificate has not been issued.;


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