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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA
Somnath Narayan – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. ownership disputes in housing complex (Para 1 , 2 , 3) |
| 2. legality of declaration submission (Para 4 , 11 , 12) |
| 3. notice requirements under 1972 act (Para 5 , 8 , 9 , 19) |
| 4. mandatory compliance with filing rules (Para 6 , 7 , 10) |
| 5. interpretation of 'completion certificate' (Para 14 , 16 , 22) |
| 6. effect of notice on acceptance of declarations (Para 18 , 23 , 29) |
| 7. court's assessment of statutory provisions (Para 25 , 26 , 27) |
| 8. jurisdictional requirements for ca (Para 28 , 32 , 41 , 44) |
| 9. court's ruling on unlawful declaration acceptance (Para 51 , 52) |
| 10. final order and consequences (Para 53 , 54 , 55 , 56) |
Judgment :
Sabyasachi Bhattacharyya, J.
1. The petitioners and the private respondents are owners of different flats in a housing complex, namely Greenfield City, which schematically includes three categories of towers – the LIG, MIG and HIG segments. As per the allegations of the petitioners, they, along with the majority members of the HIG segment of the said housing complex, were preparing to file a Declaration for registration of the towers allocated for the HIG section under the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as “the 1972 A
Acceptance of a Declaration under the West Bengal Apartment Ownership Act is invalid if made without proper notice to all concerned parties and adherence to statutory requirements.
The court affirmed that deemed conveyance can be granted under Section 11 of the Act even without an occupancy certificate, provided a self-declaration is submitted, preventing promoters from benefit....
The court affirmed that deemed conveyance can be granted without an occupancy certificate if a self-declaration is submitted, emphasizing the promoter's obligation to obtain such certificate.
A single association suffices for a project under prior registration, but distinct associations are mandated by law for managing separate phases, emphasizing the necessity of forming a federation for....
The absence of an occupation certificate does not prevent a Co-operative Housing Society from obtaining deemed conveyance, as the promoter's failure cannot disadvantage flat purchasers.
Promoters must disclose the precise nature of the organization (cooperative society or otherwise) in agreements, and unilateral declarations that lack collective consent do not comply with statutory ....
The court upheld the municipality's decision to treat the occupancy certificate as effective from the date of Form J, affirming that plausible administrative decisions should not be interfered with b....
Consent of existing flat owners is mandatory for modifications to original building plans under relevant statutes, and failure to secure such consent renders subsequent constructions illegal.
An apartment owners association can claim arrears of maintenance despite one owner not executing the Deed of Declaration, as the claim constitutes a continuing cause of action. Limitations are applic....
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