Sandip Dutta And ORS. v. The State Of West Bengal And ORS.

22.09.2025 Sl. No. 25 Ct No. 3 tkm WPA 15462 of 2025 Sandip Dutta & Ors.

Vs The State of West Bengal & Ors Mr. Partha Pratim Roy Mr. S Chakraborty ...for the petitioner Mr. Mrityunjoy Goswami Mr. Parikshit Goswami ...for respondent nos. 2-4 1.

Affidavit of service is taken on record.

2.

The petitioners have preferred the present writ petition being aggrieved by the inaction on the part of the respondent authorities in failing to provide occupancy certificate as well as water connection to the petitioners in respect of the petitioners newly constructed residential accommodation situated at premises no. 92, LIC Township, Madhyamgram, Kolkata, PS Madhyamgram, North 24 Parganas.

3.

It is the contention of the petitioners that by virtue of a registered deed of conveyance dated 27.03.2023, the petitioners had become the absolute owner of the piece and parcel of 'Bastu' land lying and situated within the district of North Parganas, P.S Madhyamgram, MoujaUdayrajpur, JL 43, plot 100, CS and RS Dag no. 381, LR

dag no.

1034, premises no 92, LIC Township of Madhyamgram, District- North 24 Parganas.

4.

Learned counsel for the petitioners contends that the said property was duly mutated in the name of the petitioners. After obtaining the sanctioned plan, the petitioners constructed the said residential building, strictly in accordance with the sanctioned plan. Upon completion of the structure, the petitioners applied for a completion certificate. However, till date the completion certificate has not been issued. Due to the said non-issuance of the compliance certificate, the petitioner has been unable to obtain water connection for the said premises. Being aggrieved, the petitioners submitted a representation dated 17.2.2025, but the same has not been responded to. 5.

Learned counsel for the respondent municipality submits that the petitioner has not applied for completion certificate in the format prescribed under Rules 33 and 34 of the West Bengal Municipal Building Rules.

6.

He further submits that if the petitioner applies in accordance with the said Rules,the application shall be duly considered.

7.

The petitioner admits that he had not complied with the prescribed rules and had not submitted the application in the proper form as prescribed under the rules. He seeks and is granted liberty to apply afresh for the completion

certificate under Rules 33 and 34, within a period of two weeks from the date of communication of this order. 8.

In view of the above circumstances, this Court directs the respondent municipality to consider the application, if any, filed by the petitioner within a period of two weeks, strictly in accordance with law, after affording an opportunity of hearing to the petitioner or any other stakeholder, and to pass a reasoned and speaking order within a period of eight weeks from the date of receipt of the application.

9.

With the above direction, the present writ petition is disposed of.

(Gaurang Kanth, J.)