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2017 Supreme(Cal) 486

DEBANGSU BASAK
Hashi Mukherjee – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Probal Kumar Mukherjee, Sr. Adv., Mr. Saumyen Datta, Adv., Mr. Tapan Sil, Adv.
For the Respondents: Mr. I. Ray, Adv., Mr. D. Choudhury, Adv., Mrs. P. Chowdhury, Adv., Mr. A. De, Adv., Mr. Naba Kumar Das, Adv., Mr. Molay Roy, Adv.

JUDGMENT :

1. The Court :- An order passed by the competent authority exercising jurisdiction under the West Bengal Apartment Ownership Act, 1972 is under challenge in the present writ petition.

2. Learned Senior Advocate for the petitioners submits that, the petitioners are the owners of the flats in an apartment building as also the tenants in respect of another portion thereof. He draws the attention of the Court to the provision of the West Bengal Apartment Ownership Act, 1972, particularly, Section 2 thereof as it is stood in 2013. He submits that, in terms of Section 2 of the Act of 1972 then obtaining, all the owners of the apartment building were required to make a joint application for the purpose of registration of such building under the Act of 1972. The petitioners did not join in making such application. There are other owners of different portion of such apartment building who also did not join in making of the application. Consequently, the application made by the private respondents and the subsequent registration granted by the authorities on the strength of such application are bad in law and should be declared to do so. The initial registration of the association




















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