UTPAL BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The change in the socio-economic condition of the country has resulted in the building construction activity a phemomemal upward trend. To meet the growing demand in the construction of building activity, there was an upsurge of under-qualified persons describing themselves as architects and resulting in unsafe work of construction. The Architects Act, 1972 was engrafted in the Statute Book to provide for the registration of architects so as to eradicate the unqualified and underqualified persons taking upon the responsibility in that regard as architects.

(2.) Section 25 of the Act of 1972 provides that a person shall be entitled, on payment of a fee as may be prescribed by the Rules, to have his name entered in the register, if he resides or carries on the profession of the architect in India and holds a recognised qualification. S.29 provides that the Council established in terms of the Act is empowered to remove the name of any architect from the register to be maintained in terms of the provisions of the Act. Retention of the name in the register by payment of fees has also been engrafted in the Statute Book under S.27 of the Act and in terms of S.44 the Central Government has been authorised to make rules for all or the matters as specified in sub-sec. (2) of S.44 of the Act of 1972. The Schedule to the Act provides the qualification for being registered as architects under the Act. On a perusal of the statute, it appears that the Act of 1972 is a complete Code in itself and provides for all possible situations in regard thereto.

(3.) The main controversy is this writ petition centres round the power of the Municipal Corporation of Calcutta to impose the additional fee on architects and the regulatory measures introduced thereby. Mr. Dutt appearing for the petitioners submitted that S.414 of the Calcutta Municipal Corporation Act, 1980 purports to levy additional fee as regards architects and on this score, it was contended firstly that since there is no quid pro quo, question of levy of a feee does not and cannot arise.