Biswanath Somadder, J. - (1.) Learned advocate representing the State is unwell. However, a proxy advocate representing the learned advocate for the State appears and prays for leave to file the views obtained from the State Legal Remembrancer on the basis of the question posed by this Court as contained in the order dated 13th February, 2017.
(2.) Let the papers filed in Court today containing the views be taken on record.
(3.) Perusing the papers filed in Court today, it appears that the Legal Remembrancer of the State of West Bengal has expressed the following views:- "Hence, in the instant case the buyers purchased the flat/apartment on payment of consideration money in favour of KMDA and the buyers after purchase acquired good right, title, interest and possession in respect of their respective flat at Baghajotin. There is serious ambiguity in the Brochure i.e. Clause-I of the elibibity [sic; read eligibility] criteria that each buyer shall be willing to agree in writing to form a co-operative housing society along with other buyers for allotment of an apartment under the Scheme. If the ownership of the flat so purchased by the buyers is lying with the co-operative housing society and if the rights of the buyers come within the ambit of inner meaning (marked-'X' at page- 2) of the opinion then the West Bengal Co-operative Societies Act be applicable in the instant case, otherwise, West Bengal Apartment Ownership Act be applicable but in no way both the acts be applicable in the instant case. However, on a bare reading of the Brochure issued by the KMDA and recapitulating the above findings it is my opinion that West Bengal Apartment Ownership Act is squirely [sic; read squarely] applicable in the instant case".;