Form No. J(1)

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present:-

The Hon’ble Justice Rajasekhar Mantha

And

The Hon’ble Justice Ajay Kumar Gupta

MAT No. 2420 of 2023

RAJAN KUMAR PRASAD & ORS.

Vs

NEW TOWN DEVELOPMENT AUTHORITY & ORS.

WITH

MAT No. 2477 of 2023

ELITA GARDEN VISTA PROJECT PRIVATE LIMITED

Vs

EGV ASSOCIATION OF APARTMENT OWNERS & ORS.

For the Appellants in

MAT 2420 of 2023 : Mr. Sabsyasachi Chowdhury, Ld. Sr. Adv.

Mr. Rajarshi Datta, Adv.

Mr. Shounak Mukhopadyay, Adv.

Mr. Soorja Ganguli, Adv.

Ms. Pooja Chakrabarti, Adv. Ms. Arti Bhattacharya, Adv. Ms. Debanshi Prasad, Adv.

For the Appellant in

2477 of 2023 and for the

Respondent no. 6 in

MAT 2420 of 2023 : Mr. Abhrajit Mitra, Ld. Senior Adv.

Mr. Arindam Banerjee, Ld. Senior Adv.

Mr. Satadeep Bhattacharya, Adv.

Mr. Saptarshi Datta, Adv.

Mr. Abir Lal Chakraborty, Adv.

Mr. Samriddha Sen, Adv.

Mr. S. Ghosh, Adv.

Mr. Pourush Kanti Pal, Adv.

Mr. Debdut Hore, Adv.

For the addition of parties

(in CAN 2 of 2025) : Mr. Anirudha Chatterjee, Adv.

Mr. Rahul Karmakar, Adv.

Mr. Abirlal Chakraborty, Adv.

For the State : Mr. Biswabrata Basu Mallick, Ld. AGP For the NKDA : Mr. Anirban Roy, Ld. Sr. Adv.

Mr. Debashish Ghosh, Adv. Ms. Munmun Ganguly, Adv.

Hearing concluded on : 18th August, 2025 Judgment on : 29th August, 2025 Contents PAGE NO PARA Nos A. FACTS OF THE CASE 5-12 2-25 B. THE FINAL DECISION OF THE SINGLE BENCH IN THE WRIT PETITION 12-13 26-28 C. THE ARGUMENTS OF THE PARTIES BEFORE THIS COURT 13-20 29-36 ANALYSIS OF THIS COURT D. THE SCOPE OF THE PRESENT APPEAL 21-22 37-43 E. THE EFFECT OF THE NON-OBSTANTE CLAUSE OF THE NKDA ACT 2007 OVER THE WEST BENGAL APARTMENT OWNERSHIP ACT 1972 22-27 44-58 F. JUDICIAL DICTA CITED BY THE PROMOTER TO DEMONSTRATE THAT NKDA IS NOT REQUIRED TO ENSURE COMPLIANCE WITH OTHER ENACTMENTS

27-30 59-69 G. NKDA ACT SUO MOTO FACTORS IN THE APPLICATION OF THE WB APARTMENT OWNERSHIP ACT, AND RULES MADE

30-31 70-71 THEREUNDER H. ANALYSIS OF THE PROVISIONS UNDER THE WB APARTMENT OWNERSHIP ACT, 1972 HEREAFTER- (ACT OF 1972) AND WB Rajasekhar Mantha, J

1. The present appeals are directed against a judgment and order dated 18th October 2023, passed by a Single Judge of this Court in writ petition being WPA 15903 of 2018. By the said judgment, the Single Bench dismissed the writ petition, refusing to pass any order of demolition in respect of the 16th tower, which was constructed as per the revised sanction plan granted by the New Town Kolkata Development Authority (NKDA) of the year 2015 (The original sanction plan was of the year 2007).

A. FACTS OF THE CASE

2. The facts relevant to the case are that sometime in the year 2007, one M/s.

Keppel Magus Pvt. Ltd. (original developer) published brochures for the construction of a residential complex comprising about 15 towers, each having about 23 stories and containing 1278 flats. The complex known as “Elita Garden Vista” (EGV) was to contain several facilities like gardens, wide open areas, a swimming pool, water bodies, clubhouses, shopping areas and other comfort living facilities. There were 1688 car parking spaces. The plinth area of construction was 37,369.74 sq. mtrs. The total area of land allotted by the WBHIDCO for the project was 99,983 sq. meters situated and lying at Plot AAIII in New Town under Rajarhat P.S. on the outskirts of the city of Kolkata.

3. The undivided share attached to each flat/apartment unit owner was 0.1% of the land constructed upon and in the common areas. The original building plan for the entire project was sanctioned by the New Town Kolkata Development Authority (NKDA) on 10th September, 2007.

4. The appellant no. 1, inter alia, on 7th January, 2010, entered into an agreement for the sale of units in the property along with several persons in respect of the 15 towers. Final conveyances were thereafter executed by the developer with several flat owners, including the appellant/writ petitioners.

5. On or about 19th December 2012, the apartment owners filed a declaration under Form A in terms of S