1. The petitioners and the added respondents reside in their respective apartments comprised in Subarna Bhoomi Housing Complex at 36, Gorakshabasi Road, Kolkata – 700028 (hereafter the housing complex). The housing complex has been developed by the respondents 3 and 4. A total of 320 apartments are comprised in the housing complex of which 50% are owned by individuals belonging to high income group (hereafter H.I.G.) and the balance 50% by individuals belonging to middle and low income groups (hereafter M.I.G. and L.I.G). It is not in dispute that the owners of the apartments are bound by the provisions of the West Bengal Apartment Ownership Act, 1972.

2. The question that would arise for decision on this writ petition after the parties exchange their affidavits is whether in terms of the provisions of the Act, a separate association for the purpose of looking after maintenance work could be formed by the H.I.G. apartment owners or whether one association comprised of owners belonging to H.I.G., M.I.G. and L.I.G. is required to be formed.

3. The writ petition was moved on May 13, 2016. An interim order was passed permitting the meeting scheduled on May 15, 2016 to be held f