- (1.) The petitioner in this WP under art.226 dated January 24, 2012 is seeking the following principal relief: (a) A writ in the nature of mandamus commanding the respondent no. 2 to pass appropriate order under section 3A of the said Act of 1993 for stopping further construction and also for demolition of the building already constructed at premises no. 46, Middle Road, Santoshpur, P.S. Survey Park, Kolkata 700 075 forthwith.
(2.) The Act referred to in prayer (a) is the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993. Sub-section (1) of s.3A of the Act is quoted below: (1) The authorised officer, if he is satisfied that a building is being constructed in violation of any provisions of this Act, may direct the concerned local body or the District Magistrate or the Commissioner of Police or the Chief Engineer, Housing Directorate or any other authority as may be prescribed, without prejudice to any other law for the time being in force, to stop construction of such building or to demolish such building after giving the promoter a notice and an opportunity of being heard in the manner as may be prescribed.
(3.) Section 3 of the Act provides that every promoter who constructs or intends to construct in any area in which the Act comes into force a building for the purpose of transfer of such building by sale, gift or otherwise, shall at least ninety days before the commencement of the construction of such building in such area, make an application to such officer of the State Government as the State Government may appoint, for registration of his name and permission for construction of such building.;