Exemptions granted by the government under cooperative laws were upheld, allowing multiple flat sales.

5 & 6. Mr. Debabrata Das Mr. Saptarshi Mukherjee Mr. Tirthankar Nandi For West Bengal Housing: Mr. D. Sengupta Board. Mr. Ayan Chakraborty Ms. Sohini Mukherjee For the respondent nos. : Mr. Srijan Nayak 1 to 4. Mr. Ankit Sureka Mr. Biplab Das Heard on : 26.08.2025. Judgment on : 26.08.2025 Raja Basu Chowdhury, J (Oral):

1. The instant writ petition has been filed, inter alia, calling upon the respondents to withdraw and / or cancel the impugned communication dated 20^th July 2022 being annexure P-14 to the instant writ petition. According to the petitioners on the basis of an application made by the petitioners even before formation of the respondent no. 5 being the cooperative society, an allotment was made by the West Bengal Housing Board on 19^th October 1995, thereby provisionally allotting the petitioner no.1 with 6 (six) several flats at East Calcutta Township Project, Phase-IV ‘B’ type, upon deposit of the sum indicated therein, and on the condition that the petitioner no. 1 becomes a member of the cooperative society.

2.According to Mr. Bihani, learned Senior Advocate appearing on behalf of the petitioners the State Government being otherwise empowered, while making over prior possession of the aforesaid flats had exempted the provisions of Rule 135(2) of the West Bengal Cooperative Societies Rules, 1987 (hereinafter referred to as the “said Rules”) thereby, authorizing the petitioner no.1 to be entitled to retain the above 6 (six) flats. He submits that now the petitioners are interested to sale the above flats to individuals and in this regard insists for allotment of individual, membership numbers.

3.Heard the learned advocates for the respective parties and considered the materials on record. To appreciate the scope of the aforesaid claim, it is necessary to consider the scope of exemption granted by the State Government. In this context, Rule 135 of the said Rules is extracted hereinbelow:-

“Rule - 135. Membership.

(1) Every applicant for membership of a co-operative housing society shall, as the case may be, submit along with his application for membership (i) two recent passport size photographs, (ii) income-tax clearance certificate or profession tax certificate, and (iii) salary certificate (in case of persons employed by others).

(2) In a co-operative housing society the number of members shall not exceed the total number of plots, houses or apartments proposed by a society to be allotted to members under any scheme or project of such society:

Provided that a member shall be eligible for allotment of only one plot, house or apartment in a housing co-operative society.

(3) (a) For the transfer of land or house or apartment a member shall obtain a written consent of the society and before giving such consent the society shall satisfy itself that (i) the transferee is eligible for being a member of the society;

(ii) the transferee has genuine need for residential accommodation;

(iii) the transferor has paid off his outstanding liabilities to the society or, the transferee has undertaken to take over such liabilities of the transferor;

(iv) the transferee formally applies for membership of the society.

(b) Where a society refuses or fails to give consent to the transfer referred to in clause (a) and the member intends to appeal to the Registrar against such refusal by or failure of the society, an appeal may be preferred within thirty days from the date of communication of the refusal or within sixty days from the date of receipt of the proposal by the society.

(4) A person who does not own a house or apartment in his own name or in the name of a member of his family but possesses a plot