JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The private respondent, whose ownership in respect of the premises at building no. 12/1, Keyatala Lane, Kolkata – 700 029, has been challenged by the petitioners, who claim to be owners of the premises. The bone of contention is a lift installed by the private respondent no. 2 in the suit building. According to the petitioners, the installation and operation of the same is unlawful, being contrary to the existing law.

2. The petitioners have specifically challenged a communication by respondent no. 1, the Joint Chief Electrical Inspector and Member Secretary (Lifts), Directorate of Electricity, Government of West Bengal. Vide such communication no. SS/397 dated February 22, 2022, the respondent no. 1 intimated the respondent no. 2, with reference to a letter dated February 17, 2022 by respondent no. 2 regarding permission of install and operate such lift, that, as per the West Bengal Lift and Escalator Act and Rules, a single phase home lift does not require any licence from the Directorate of Electricity, Government of West Bengal. It was further indicated that hence, the respondent no. 2 need not require erection permission and licence for operation of the lift from the end of respondent no. 1.

3. Learned counsel for the petitioners places reliance on the West Bengal Lifts, Escalators and Travelators Act, 2019 (for short, “the 2019 Act”). By placing particular reliance on the definition of “lift” as provided in Section 3(i), it is contended that a lift means a hoisting and lowering mechanism equipped with a lift car which is designed to move in guides in a substantially vertical direction and is worked by power and includes a machine room less lift.

4. Section 2 stipulates that nothing in the Act shall apply to installation and working of any lift, escalator or travelator in certain cases as stipulated therein, which includes mines, factories, premises of the Central Government or its undertakings and premises owned or controlled by the Public Works Department of the Government of West Bengal. However, 2(v) provides that such non-applicability extends to any premises or any class or sub-class of elevating device as the State Government may, by notification, exempt.

5. It is argued that Section 5 cannot go against the grain of the Act itself.

6. Section 5(1) provides that no owner of any premises shall, on or after the commencement of the Act, install lift or escalator or travelator in such premises except under, and in accordance with, the permission granted under the Act. Sub-section (2) provides that such application of permission to install lift or escalator or travelator shall be made to the Chief Electrical Inspector. Sub-section (3) of Section 5 stipulates that on receipt of an application under sub-section (2), the chief Electrical Inspector shall, after making such inspection as he deems necessary, either grant or refuse to grant permission. In the present case, it is contended, such inspection was never held by respondent no. 1 at all.

7. Section 6(1) of the 2019 Act stipulates that no lift or escalator or travelator shall be worked except with a licence granted under this Act and in conformity with the terms and conditions of the licence and in accordance with such rules as may be prescribed in this behalf under the Act.

8. Sub-section (3) of Section 6 provides that on receipt of an application under sub-section (2), the Chief Electrical Inspector shall, after making such inspection as he deems necessary, either grant or refuse to grant licence.

9. In the present case, since the requirement of obtaining permission was waived by the Chief Electrical Inspector, the respondent no. 2 proceeded to install and operate the lift, contrary to the law.

10. Learned counsel for the petitioner places reliance on the West Bengal Lifts Rules, 1958 (in brief “the 1958 Rules”). It is argued to have been prevalent at the relevant juncture when the impugned communication dated February 22, 2022 was mad