TAHERBHOY FEEDA ALLY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The six petitioners in these proceedings viz., Taherbhoy Feeda Ally, Yayahbhoy Feeda Ally, Abdullabhoy Feeda Ally, Salehbhoy Feeda Ally, Dawoodbhoy Feeda Ally and Tayebhoy Feeda Ally seek to impugn an order No. 27/S/223 of 1977 dated the 6th April 1977 passed by the competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the said Act'). The undisputed facts relevant to these proceedings are, inter alia, that the petitioners are owners in possession of premises Nos. 83A and 83B, Park Street (hereinafter referred to as 'the said premises'). Under an agreement in writing dated the 2nd September 1976 the petitioner agreed to sell to Favourite Small Investment Limited, the respondent No. 4 in these proceedings, the said premises for a price of Rs. 8 lakhs on, inter alia, the following terms and conditions:

(2.) Pursuant to and in terms of the said agreement, a sum of Rs. 1 lakh was paid by the respondent No. 4 to the petitioners as earnest. The ground floor of the said premises No. 83A, Park Street was made over to the respondent No. 4. On the 8th February 1977 an application was made by the petitioners to the First Land Acquisition Collector. Calcutta, the Competent Authority and the respondent No. 3 herein in the prescribed form, for his approval and/or permission as required under Section 27 of the said Act.

(3.) On the 9th April 1977 the petitioners received the said notice dated the 6th April 1977 from the Competent Authority informing the petitioners, inter alia, as follows: -- "On enquiry it reveals that the applicants already transferred premises Nos. 83A and 83B. Park Street, Calcutta to Favourite Small Investment Ltd. (transferee) by making over possession of the said premises to the transferee on receipt of a sum of Rs. 1,00,000 (Rupees one lac) only on the basis of an agreement executed between them and the transferee, without obtaining prior permission of the Competent Authority, under Section 27 (3) of the Urban Land (Ceiling and Regulation) Act. 1976. The applicants are, therefore, no longer owners of the property and they are not entitled to make the application under Section 27 (2) of the said Act as owners of the property. "Permission sought in the application is, therefore, refused. Inform the applicants furnishing a copy of this order to them."