(1.) The first, second and third petitioners in this petition under Article 226 of the Constitution are the President, Secretary and Joint Secretary respectively of the Calcutta Greens HIG B Residents' Welfare Association. It is an association registered under the West Bengal Societies Registration Act, 1961.
(2.) The petitioners complain of alleged illegal and inequitous actions of the respondent authorities in seeking to form one Apartment Owners' Association for the apartment owners of two separate properties under the West Bengal Apartment Ownership Act, 1972 (hereafter the Act).
(3.) According to the petitioners, premises no. 1050/2, Survey Park, under Municipal Ward No.109 in Borough No.12, Kolkata - 75 comprises of HIG Type A and HIG Type B apartments apart from 7 separate clusters of apartments aggregating 1056 number of flats, designed and developed by the West Bengal Housing Board. The two categories (HIG Type A and HIG Type B) had demarcated property and for their management, the owners of apartments of HIG Type A and HIG Type B have formed their respective Residents' Welfare Associations.