Satyabrata Sinha, J. - (1.) The petitioners who carry on business as developers has filed this writ application for issuance of a writ of certiorari praying for quashing and/or rescinding the order dated 6-2-1997 passed by the Authorised Officer under the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 (hereinafter referred to for the sake of bravity on the said Act).
(2.) Briefly stated the fact of the matter is as follows:- The petitioner No. 1 entered into an agreement with respondent No. 3 on 13-2-1995 in terms whereof the former appointed the later as developer in respect of premises No. 3 Lower Rowdon Street, Calcutta for development of the said property and construction of a multi-storied building thereupon on the terms and conditions mentioned therein. The said agreement was an unregistered one. An application for sanction of building plan was filed before the Calcutta Municipal Corporation and the same was sanctioned in terms of letter dated 28-6-1995; pursuant whereto certain steps had already been taken. The said act which came into force w.e.f. 9-8-1995 was enacted to provide for the regulation of promotion of construction and transfer of building by promoters in the State of West Bengal. It is not disputed that petitioner No. 1 is a promoter within the meaning of Section 2(g) of the said Act. Section 3 of the said Act requires a promoter to obtain registration of his name and permission for construction of building from the State Government.
(3.) Section 3(2) provides:- "Every such application shall be accompanied by a statement, containing the following particulars and documentary evidence where necessary:- (c) Details of the agreement between the owner of the land and the promoter authorising the latter to undertake the construction of building (copy of the registered Agreement to be annexed)".;