JUDGMENT

Sabyasachi Bhattacharyya, J. - The Greenwood Park Extension Apartment Owners' Association, a registered Association under the provisions of the West Bengal Apartment Ownership Act, 1972 (in brief, "the 1972 Act") and its Secretary have preferred the instant writ application against an order dated April 12, 2019, whereby the Competent Authority under the 1972 Act, upon hearing the grievance of Low Income Group (LIG) residents of the said apartment regarding maintenance charges and allied issues, ordered that the Association shall collect maintenance charges on the basis of the value of each apartment; if the Association wants to collect maintenance charges on the basis of built-up area of the apartment then they have to amend the Form 'A' in accordance with present format by submitting Form 'B'. It was also ordered that all facilities, that is, community hall, lobby, gymnasium, etc., shall be opened for the use of all the owners.

2. The petitioners argue that the West Bengal Apartment Ownership Byelaws, 1974 (in brief, "the 1974 Bye-laws") originally stipulated that maintenance charges would have to be calculated on pro rata basis according to the value of each individual fl