The interpretation of statutory provisions should serve the purpose for which they were enacted and should not be given an absurd interpretation to serve individual interests.

Biswanath Somadder, J.

1. Let the affidavit of service filed in Court today be kept on record.

By consent of the parties the appeal is treated as on day's list and taken up for consideration along with application for stay.

The instant appeal arises out of a judgment and order dated 11th May, 2017, passed by the learned Single Judge in W.P. 5425 (W) of 2017 (Amar Nath Gupta & Ors. v. The Kolkata Municipal Corporation & Ors.).

2. The appellant before us was the private respondent No. 7 in the writ proceeding.

3. One Amar Nath Gupta and two others approached the writ Court challenging the action on the part of Kolkata Municipal Corporation in granting permission for construction of a gangway connecting one flat in a particular building with another adjacent building at premise No. 522, Parnasree Pally, Kolkata. The learned Single Judge considered the entire matter at length and also dealt with the meaning and interpretation of the word "building" in the context it appears under Rule 73 of the Kolkata Municipal Corporation Building Rules, 2009 under the peculiar and admitted facts. The learned Single Judge while considering this aspect of the matter also took into consideration the statutory definition of the word "building" as defined under Section 2(5) of the Kolkata Municipal Corporation Act. The following is the interpretation given by the learned Single Judge in respect of Section 2(5) of the Kolkata Municipal Corporation Act and Rule 73 of the Kolkata Municipal Corporation Building Rules, 2009:

"It would be apposite to quote Section 2(5) and Rule 73, which run thus:-

"Section 2(5)

"Building" means a structure constructed for whatsoever purpose and of whatsoever materials and includes the foundation, plinth, walls, floors, roofs, chimneys, fixed platforms, verandas, balcony, cornice or projection or part of a building or anything affixed thereto or any wall (other than a boundary wall less than three meters in height) enclosing or intended to enclose any land, signs and outdoor display structures but does not include a tent, shamiana or tarpaulin shelter;"

"73. Linking of two blocks-

Notwithstanding anything contained in rules 62, 63, 64 and 65 if there are two adjacent plots or adjacent buildings belonging to the same owner, gangways between these two buildings may be permitted at any level subject to the condition that it does not obstruct movement of vehicles or fire vehicles, as the case may be, the minimum width of the gangway being not less than that of a stairway and not exceeding 3.00 m. at any place."

4. From combined reading of the aforesaid provisions an inspiration can be drawn from the bare reading thereof that the Corporation can grant permission to construct gangways between two buildings provided the conditions laid down therein is satisfied. I would venture to deal with the aforesaid aspect later as the interesting point is raised whether the West Bengal Apartment Ownership Act, 1972 has any manner of application in the present context. The Apartment Ownership Act, 1972 received the assent of the President and was published in an extraordinary gazette on 5th July, 1972. The said Act came in force on and from 7th June, 1973 vide notification No. 547HIV dated 06.06.1973. Section 2 of the Apartment Ownership Act provides that the said Act shall apply to every property having residential units or both residential or commercial units and sole owner or all owner or majority of the owners of every such property shall submit the same within the prescribed period to the provisions of this Act by duly executing and registering a declaration setting out particulars referred to in Section 10. Section 10 relates to the contents of a declaration and the disclosure of various facts in the prescribed form which can be amended in the manner as may be prescribed. Rule 3 of the West Bengal Ownership Rules, 1974 mandates the competent authority, who receives such declaration to record an order accepting the declaration by making