Shebaits of a private Debuttar estate are not required to obtain prior court permission for property development, which is their inherent authority.

JUDGMENT :

Gaurang Kanth, J.

1. The Petitioner has preferred the present Writ Petition challenging the impugned notice dated 09.05.2024 issued by the Respondent Corporation, whereby the Respondent directed the Petitioner to obtain an order from the competent court granting permission for construction, as a precondition for according sanction to the proposed building plan in respect of premises No. 59, B.T. Road, Kolkata, presently renumbered as 59A, B.T. Road, Kolkata – 700002.

2. The brief facts leading to the filing of the present Writ Petition are set out herein below:

3. On 09.11.1964, Kumar Brindaban Chandra Sinha, Kumar Sri Atish Chandra Sinha, and Kumar Sri Adhish Chandra Sinha executed a private Deed of Dedication in respect of the idol “Sree Sree Ishwar Janardhan Jew”, installed by their forefathers at premises No. 59, Barrackpore Trunk Road, Paikpara. The expenses for the daily seva puja and other rituals of the said idol were defrayed from the income of the joint family estate.

4. In terms of the said Deed of Dedication dated 09.11.1964, the aforesaid premises stood dedicated in favour of the idol Sree Sree Ishwar Janardhan Jew and thus became the property of the said deity in perpetuity. It was further recorded therein that, upon the demise of the executors, their male heirs would succeed as Shebaits, and that all Shebaits were to act jointly and unanimously in all matters concerning seva puja and the management of the debuttar property.

5. The said Deed of Dedication was subsequently supplemented and modified by a Deed of Rectification dated 11.08.1976, executed for the better management and welfare of the trust property.

6. Owing to acute financial hardship, the Shebaits resolved to develop the said property for the welfare of the trust and in furtherance of their obligations under the Deed of Dedication dated 09.11.1964. Accordingly, the Petitioner engaged Om Infra Projects Pvt. Ltd. as the developer and executed a Development Agreement with the said company.

7. The Petitioner obtained a No Objection Certificate from the Urban Land Ceiling Authority on 04.07.2022. Thereafter, the Petitioner submitted an application before the Respondent Corporation seeking sanction of a building plan for the proposed construction of a G+11 storied building on the said premises.

8. The Respondent Corporation, by its notice dated 27.02.2023, sought certain clarifications and information. The Petitioner duly responded by letters dated 08.03.2023 and 24.04.2023, furnishing all requisite details and documents. Despite such compliance, the Respondent failed to accord sanction to the building plan. Consequently, the Petitioner, by a Demand for Justice letter dated 08.02.2024, requested the Respondent to release the sanctioned building plan.

9. Subsequently, the Respondent Corporation issued the impugned notice dated 09.05.2024, directing the Petitioner to obtain an order from a competent court permitting the development of the debuttar property, and to furnish documents relating to the disposal of Title Suit No. 523 of 2022, failing which the Petitioner’s application for building plan sanction would stand rejected.

10. The Petitioner submits that the property in question is a private Debuttar property, and therefore, no prior permission from any court is required for the sanction of the building plan. The Petitioner had already clarified this position by letter dated 24.04.2023. However, the Respondent Corporation has failed and neglected to release the sanctioned building plan. Being aggrieved thereby, the Petitioner has approached this Court by