Ajit Kumar Sengupta, J. - (1.) This application under Article 226 of the Constitution of India has been made by a Co-operative Housing Society against an order dated 12th December, 1979 passed by the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976. By the said order the said Competent Authority declared the sale of land at Premises No. 206A, Picnic Garden Road, Calcutta to the petitioner society by the vendors was declared to be null and void. The facts leading to the present application are narrated hereinafter.
(2.) The petitioner society has been constructing houses for its members at 13, Broad Street, Calcutta. The Society intended to acquire other and further lands by way of purchase. The society found out some lands at premises Nos. 206 and 206A, Picnic Garden Road. On searches being made it was found that the said premises are not affected by any acquisition proceedings or by any order of requisition. In reply to the letter of the Advocate of the petitioner Society, the Corporation of Calcutta intimated that premises No. 206 has been renumbered as 206-A, Picnic Garden Road and faxes are liable to be paid from 1958 onwards to the tune of Rs. 1,600/- with interest. It was ascertained by the petitioner society that the premises No. 206-A, Picnic Garden Road stands in the name of the Panchugopal Naskar of 115, Picnic Garden Road. The said facts also appear from t.he record of rights. On 15th December, 1979 the petitioner society took out the certified copy of the Assessment Registrar of the Corporation of Calcutta wherefrom it appears that the said Panchugopal Naskar has been occupying a two storied building comprising of an area of 15 cottahs which comprised of a hut and tank under premises No. 115, Picnic Garden Road and some portion under premises No. 206, Picnic Garden Road, Calcutta. The petitioner society entered into three several agreements for sale sometimes in 1978 with the Respondent Nos. 3, 4 and 5 in respect of 1/4th share of each of the said respondent-vendors in the premises No. 205-A, Picnic Garden Road. The share of each of the said vendors was 4 cottahs 10 chattaks.
(3.) The petitioner society and the vendor, the respondent No. 3 applied for permission under section 27 of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as the said Act) to the Competent Authority on 1st December, 1978 in respect of the aforesaid transfer in terms of the agreement for sale and till 15th May, 1979. No communication was received from the Competent Authority as to the refusal to grant permission and (hereafter the Deed of Sale in respect of 4 cottahs 10 chattaks of land was executed and registered on 15th May, 1979. Similarly in respect of the agreement for sale with vendor, the respondent No. 4 the petitioner society and the vendor, the respondent No. 4 applied for permission under section 27 of the said Act on 1st December, 1978 and till 5th March, 1979 no communication was received from the Competent Authority as to the refusal to grant permission and on 6th March, 1979 the Deed of Sale was executed and registered in respect of lands measuring 4 cottahs 10 chattaks. The petitioner society and the vendor, the respondent No. 5 also applied for permission under section 27 of the said Act in respect of the sale/transfer as aforesaid but till 5th March, 1979 no communication was received from the Competent Authority as to the refusal to grant permission and as such on 6th March, 1979 the Deed of Sale was executed and registered in respect of 1/4th share of the said vendor, the respondent No. 5 of land measuring 4 cottahs 10 chattaks.;