Satyabrata Sinha, J. - (1.) This writ application involves a short question of law. For the purpose of disposal of this application, it is not necessary to state the facts of the matter in details. Suffice it to say that the petitioner who is said to be a promoter within the meaning of the West Bengal Building (Regulation of Promotion of Construction and transfer of promoters) Act, 1993 (hereinafter referred to as the said Act) entered into a development programme with the respondent No. 3 on 23-7-94. Admittedly the said Act has come into force with effect from 9-8-95. In terms of provisions contained in clause (c) of sub-section 2 of Section 3 of the said Act the petitioner tor the purpose of obtaining permission to construct is required to file the details of the agreement between the owner of the land and the promoter authorising the latter to undertake the construction of the building (copy of the registered agreement to be annexed).
(2.) Mr. Roy, the learned counsel appearing for the petitioner submitted that keeping in view the fact that such an agreement had been entered into on 23-7-94 and in terms of Section 23 and Section 25 of the Registration Act, the same cannot be presented for registration beyond a period of eight months, the requirement of annexing a copy of the registered agreement must be held to be bad in law.
(3.) Mr. Dutt appearing on behalf of the State on the other hand submitted that the said Act has been enacted to provide for regulation of promotion of construction and transfer of building by promoters in West Bengal. The learned Counsel contends that an owner of the land and the promoter may enter into a fresh agreement and get the same registered for the purpose of obtaining permission in terms of the provisions of the said Act. It was further submitted that this provision has been inserted as the promoter starts collection of huge amount from the prospective buyers of the flats on the basis of such agreement.;