SAMAPTI CHATTERJEE,J. - (1.) The issues to be determined in the present writ petition are :- (i) Whether the concerned municipal authority has any power under West Bengal Municipal Act to issue the impugned order dated 1st October, 2013 thereby directing the petitioners to stop work on the dictate and mandate of Kotrung Municipal Corporation ? (ii) Whether the Kolkata Municipal Corporation being a different statutory body under separate acts could dictate the Uttarpara Kotrung Municipality to restrain the petitioner from carrying on the construction work when admittedly the Uttarpara Kotrung Municipality is governed by West Bengal Municipal Act and not by Kolkata Municipal Corporation Act?
(2.) The petitioners' case in a nutshell is as follows :- The petitioner purchased the first plot of land measuring about 10 Bighas and 6 Chataks situated at various plot numbers Khatian numbers in Mouza Matrung Uttarpara under Uttarpara Kotrung Municipality by virtue of a deed of conveyance dated 26th June, 2006 from the vendors mentioned therein. Subsequently, the land was mutated by the BLRO, Serampore. Further, L.R. Khatians were issued in favour of the petitioners namely M/s RDB Ltd. Pursuant to that on 22nd December, 2006 the classification of the land was issued by the BL and LRO Hooghly. Furthermore, the Government of West Bengal accepted the revenue from the petitioners also. The concerned Kotrung Municipality granted sanctioned plan on 6th July, 2007 for construction of 14 residential blocks (286 residential flats) and one commercial block. The construction was complete. The said Municipality thereafter issued completion certificate on 2nd December, 2010. On the basis of the completion certificate issued by the concerned Municipality the flats/commercial spaces were handed over to various purchasers and most of them were registered and mutated in their own names. It is also revealed that the petitioners purchased a second plot of land on 14th September, 2010 measuring 44 cottas 1 chataks 15 sq.f by a registered deed of conveyance adjacent to the first plot of land. The concerned Kotrung Municipality mutated the second plot of land and recorded the name of the petitioner no.1 in assessment book. Pursuant to an application made by the erstwhile owners, the Government of West Bengal permitted the re-classification of the land under Section 4C of the West Bengal land Reforms Act. It is also on record that despite application made by the petitioners the mutation by BL and BLRO, Serampore has not been recorded in respect of the second plot though rent for the said plot of land were accepted from the erstwhile owners. The Municipality after amalgamating both the first and second plots of land and re-numbering the premises to 9K, G.T. Road sanctioned a residential building plan comprises of three blocks in respect of the second plot. When the construction of the residential flats of the second plot were about to be completed the Municipality by the impugned letter dated 1st Ocotber, 2013 intimated the petitioners that as per instruction of the municipal corporation the Chairperson asked the petitioners to stop the construction work at KMC land at Mouza Kotrung J.L No.8 comprising R.S. Dag Nos. 3563, 3564, 7352, 3677, 3678, 3686, 3687, 3688, 374, 4541, 4542, 3689, 3669 and 3670 in respect of Khatian No.1773 until further orders. Accordingly, thereafter the petitioners have stopped any further construction work thereafter. Submissions of the Learned Advocates appearing for the respective parties
(3.) Mr. Saktinath Mukherjee, Learned Senior Advocate appearing for the petitioners submitted that it is evident from C.S record of rights of the Dag numbers that the names of various Zamindears were recorded and also the same were occupied by various persons who were the predecessors-in-interest of the vendors. Mr. Mukherjee further strongly argued that it is clear from the C.S record, R.S record and subsequent L.R Record that the name of the owners/recorded tenants being the predecessor-in-interest of the vendors from whom the petitioners purchased the said land, their names were recorded in those government record. Mr. Mukherjee further strongly submitted that none of the records like C.S. ,R.S record and L.R shows that name of the KMC was ever been recorded. Mr. Mukherjee further contended that it is the case of the KMC that the KMC is the owner of the said plot of land. ;