HIRA CHARAN NARJINARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners have challenged the order passed by the Secretary, Government of West Bengal, Housing Department dtd. 11/07/2011 in the review petition filed by the petitioners as well as the respondent no. 4 against the order passed by the Authorised Officer dt.15/01/2008

(2.) The Counsel for the petitioners submitted that sometimes in the year 2004-2005, the petitioners have entered into agreements with the respondent no. 4 to purchase their respective flats. On completion of the constructionn works of the respective flats, the respondent no. 4 has handed over the flats to the petitioners and after taking possession of the flat, the petitioners found that the area of the flats are not in accordance with the specified area mentioned in the agreement. When the petitioners came to know about the discrepancies i.e. area of the flat as well as the other discrepancies, the petitioners have requested the respondent no. 4 to rectify the discrepancies but the respondent no. 4 has not paid any heed to the request of the petitioners and therafter the petitioners have made a complaint to the Authorised Officer under Sec. 6 of the West Bengal Building (Regulation of Promotion of Construction and Transferred by Promoters) Act, 1993 stating the following :

(3.) In the said complaint, the petitioners have prayed for a direction upon the developer for rectification of the defects in the construction of the building as mentioned above. The petitioners have further prayed for a direction upon the developer for providing reasonable compensation for shortage of area of the flat of the petitioners.