ERNA JOHANNA BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are some of the flat owners in an apartment complex at 22, Sarat Bose Road, Kolkata - 700 020. The challenge in the present writ petition is directed against the registration of an Association of Owners in respect of the said apartment under the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as "the 1972 Act").

(2.) The first ground of challenge is that no notice was given to the petitioners under Sec. 10A (2) of the 1972 Act before accepting the declaration given by the private respondents for registration of the said Association. It is argued that the under the contemplation of the said provision, notice must beissued to the parties concerned before passing any order on the declaration, which was flouted in the present case.

(3.) Learned counsel for the respondents cite C. Bright v. District Collector and others, reported at (2021) 2 SCC 392 for the contention that the writ petition is not maintainable in view of availability of equally efficacious alternative remedy by way of a challenge as contemplated under Sec. 10A(3) of the 1972 Act.