Senco Infrastructure Private Limited And ANR v. The Rajpur Sonarpur Municipality And ORS

11.07.2025.

Court No. 3 Item No. 8 ap W.P.A. No. 14692 of 2025 Senco Infrastructure Pvt. Ltd. & Anr.

Versus

The Rajpur Sonarpur Municipality & Ors.

Mr. Aniruddha Mitra, ld. Sr. Advocate, Mr. Aditya Chakraborty, Mr. Kausik Das.

....For the petitioners.

Mr. Mir Anuruzzaman.

...For the Rajpur Sonarpur Municipality.

1.

The petitioners, have preferred the present writ petition being aggrieved by the inaction of the part of the Rajpur Sonarpur Municipality in failing to take necessary steps for the issuance of a completion certificate in respect of G+4 storied building situated at holding No. 2100, Dakshin Kumrakhali, under Ward No. 27, J.L. No. 48, Khatian No.584, 954, 1559, 1227 under Dag Nos.106, 105, 95 at Mouza - Kumrakhali, Police Station - Sonarpur, District - South 24 Parganas.

2.

Learned Counsel for the petitioners submits that the petitioners had obtained a sanction plan being No. 177/CD/27/42 dated 15.09.2016 and a revised plan being Plan No. 103/REV/CB/27/16 dated 01.10.2021 and in pursuance of the said plan, had constructed G+4 storied building at the abovementioned site. 3.

Learned Counsel for the petitioners further submits that the petitioners had applied for a completion certificate and till date no steps have been

taken by the respondent Municipality in deciding their application.

4.

Learned Counsel for the respondent Municipality states that the petitioners have not applied for a completion certificate in accordance with the provision of the West Bengal Municipal Building Rules, 2007. 5.

Learned Counsel for the petitioners states that the respondent Municipality is not accepting the application, although the writ petition does not contain any formal application or averment to that effect. 6.

Learned Counsel for the petitioners further states that the petitioners shall apply for a completion certificate in terms of the relevant provision of West Bengal Municipal Building Rules within a period of two weeks from today.

7.

Learned Counsel for the respondent Municipality states that if the petitioners file such an appropriate application in terms of the aforementioned Rules, the application shall be considered in accordance with the Rules and Regulations, within a period of twelve weeks from the date of receipt of the application after affording an opportunity of personal hearing to the petitioners by way of a speaking order.

8.

In view of the above, the present writ petition is disposed of with a direction to the respondentauthority to decide the application of the petitioners strictly in accordance with law, within a period of 12 weeks from the date of receipt of such application,

after affording the petitioners an opportunity of personal hearing, and to pass a reasoned and speaking order.

9.

Needless to state that if the petitioners are aggrieved by the said speaking order, they shall be at liberty to challenge the same in accordance with law. 10.

With the aforesaid directions, the present writ petition is disposed of.

11.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

12.

There shall be no order as to costs.

13.

Let urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Gaurang Kanth, J.)