The main legal point established in the judgment is the necessity of complying with the provisions of the West Bengal Municipal Corporation Act, 2006, including obtaining written permission for emptying house-drains into a municipal drain, obtaining a license for non-residential use of premises, and following the procedure for obtaining a Completion Certificate.

JUDGMENT

Arijit Banerjee, J. - In this writ application the petitioners assail a Memo dated 19 July, 2017 issued by the Joint Commissioner, Bidhannagar Municipal Corporation, being the respondent no.5 herein. The said Memo was a notice of disconnection of drainage and sewerage in respect of premises no. EC-2, Sector-I, Salt Lake City, P.S. Bidhannagar (North), Kolkata - 700064 (hereinafter referred to as ''the said premises''), for allegedly violating the provisions of Sections 226, 273 and 282(2) of the West Bengal Municipal Corporation Act, 2006 (in short ''the said Act''). The petitioners also pray for a writ in the nature of mandamus commanding the official respondents to issue the Completion Certificate in respect of the said premises. The material facts of the case leading to the present writ petition are as follows.

2. The said premises was originally a vacant plot of land measuring about 5.22 kathas. The State of West Bengal granted a lease of 999 years in respect of the said premises in favour of one Sachin Kumar Biswas (in short, ''Sachin'') by executing a registered Lease Deed dated 24 November, 1982. Sachin took possession of the said land on or about 15 July, 1983. Sachin died intestate on 5 July, 1997 leaving the respondent nos.6 & 7, wife (Elizabeth) and son (Anthony), as his only legal heirs. The names of Elizabeth and Anthony were mutated as lessees of the said premises in the land records on or about 24 April, 2003.

3. It is the case of the petitioners that a building plan was sanctioned by the Bidhannagar Municipality (the predecessor of the respondent no.5, Municipal Corporation) for constructing a three-storied building on the said plot of land on 11 January, 2011. It is further contended that such a building was constructed on the said plot of land strictly adhering to the sanctioned building plan. One Smt. Krishna Mittal as Power of Attorney holder, applied to the Municipality on behalf of Elizabeth and Anthony for issuance of Completion Certificate in respect of the said premises. However, till date such Completion Certificate has not been issued.

4. The petitioners further contend that an Agreement dated 30 May, 2011 was entered into by and between Elizabeth and Anthony acting through their constituted Attorney Smt. Krishna Mittal on the one hand and the petitioner no.1 on the other hand for assignment of Elizabeth''s and Anthony''s leasehold right, title and interest in respect of the said premises to and in favour of the petitioner no.1 for a consideration of Rs.60,00,000/-. This was followed by a supplementary Agreement executed by and between the said parties on the same date. It was submitted that pursuant to the said agreements and as recorded therein, the petitioners took possession of the said premises on 30 May, 2011. The petitioners contend that as per the Agreement for assignment of lease, Elizabeth and Anthony were to obtain permission from the State Government for transferring and/or assigning the lease in respect of the said premises in favour of the petitioner no.1 or its nominee. The petitioner no.1 has nominated the petitioner no.2 for assignment of the lease in his favour. However, the said private respondents made no effort to obtain the permission of the State Government. On the contrary, the said respondents turned dishonest and indicated their intention to assign/transfer the lease in respect of the said premises to some other party. To facilitate such plan, the said private respondents instigated the Bidhannagar Municipal Corporation (which term will include its predecessor Bidhannagar Municipality) to take action against the petitioners to indirectly evict them from the said premises.

5. The Bidhannagar Municipality issued a notice dated 23 June, 2014, amongst others to the petitioner no.2 alleging that unauthorized construction was being made at the said premises in deviation from the sanctioned plan. The noticees were called upon to appear before the Executive Officer, Bidhanna