BIRENDRA NATH SANKHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioners in this writ application have, inter alia, prayed for the following relief 's:

(2.) The fact of the matter is as follows: In December 1980 an advertisement was issued by the West Bengal Housing Board inviting applications from public for registration of flat/houses at Salt Lake, Sector -Ill, GA Block (now Purbachal Housing Estate). Pursuant thereto the Petitioners applied for registration of flats. Brochure of the Housing Scheme was published by the West Bengal Housing Board containing the details of the terms and conditions in May 1982. The Petitioners applied for allotment of apartments. The Petitioners were allotted apartments upon drawing a lottery by the West Bengal Housing Board for 999 years. The Petitioner No. 1 allegedly obtained loan from the Central Government in September 1984. According to the Petitioners, West Bengal Housing Beard had laid down two different types of payment/considerations, namely, (a) Full payment at a time and (b) payment by instalment. On or about December 14, 1983, a deed of lease was executed by West Bengal Housing Board. There appears to be some controversy whether the said deeds were executed in favour of the allottees or in favour of the Purbachal Nabarun Co -operative Housing Society Ltd. It is not disputed that the Petitioners are the members of the said Co -operative Society. It also appears that the Petitioners and the Co -operative Society requested West Bengal Housing Board that said apartment be conveyed in favour o? the Society. The possession of the said flat was given in favour of the Petitioners upon execution of a Deed. It is also not in dispute that declarations have been made by the Petitioners in terms of the provision of West Bengal Apartment Ownership Act, 1972. It is stated that the apartment has been mortgaged with the West Bengal Housing Board on December 14, 1983, for the balance premium with interest thereon. On January 27, 1989, a deed of re -conveyance (Release) by the Purbachal Nabarun Co -operative Housing Society Ltd. was executed in favour of the Petitioners. It appears that several meetings were held by the members of the concerned Co -operative Society with regard to the question as to whether the allottee should make extension or not. Majority of the members, however, it is admitted, agreed to such extension pursuant to the resolution adopted in the meeting of the said Co -operative Society, and the Respondent Co -operative Society applied for and sanction was granted for extension of the apartment to the extent of 270 sq.ft. by the Bidhan Nagar Notified Area Authority. The said sanction was granted on November 22, 1993. The Respondent Co -operative Housing Society issued a Circular letter dated January 4, 1994, to each member stating that the Bidhan Nagar Notified Area Authority had accorded sanction for the proposed extension of the flats in Cluster -I. The Petitioner filed a writ application in this Court on January 20, 1994, praying, inter alia, for the following relief 's:

(3.) The statement made in that writ application to the effect that the writ application has maintainable as an order of sanction was passed by the Bidhan Nagore Notified Area Authority directing the Respondent Cooperative Housing Society to extend respective flats in question. However, the learned Judge found that no challenge has been thrown against the said order of sanction. The learned Judge therefore observed as follows: