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Calcutta High Court (Appellete Side)

West Bengal Working & Helpless ... vs Union Of India & Ors on 3 January, 2020

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

                                                    1


 730
m/l
       03.01.2020
           jb.




                                     W.P. 5977(W) of 2018
                     West Bengal Working & Helpless Workmen's Housing Society & Anr.
                                                vs.
                                     Union of India & Ors.



                         Ms. Soma Chowdhury (Bandhu)
                                          .... For the Petitioner
                         Mr. Arabinda Sen
                         Mr. Debu Chowdhury
                                          .... For the Respondents

Affidavit-in-opposition and affidavit-in-reply filed on behalf of the respective parties are taken on record.

The grievance of the petitioners is directed against the alleged withholding of a grant of approximately Rs.5 crores in favour of the petitioners and for non-consideration of their proposal for assistance of Rs.5 crores in the name of their organisation under the Scheme of Building Grants including Studio Theatres.

It is submitted on behalf of the petitioners that under the said Scheme promulgated by the Government of India, the petitioner No. 1/organisation is entitled to a building grant. It is further alleged on behalf of the petitioners that their organisation had not even been awarded any grant in terms of the Scheme which has been promulgated by the Union of India. 2 Learned counsel for the Union of India submits that the proposal submitted on behalf of the petitioners has been duly considered and rejected by the Appropriate Authorities. It is further submitted on behalf of the respondents that in so far as the request for monetary grant was concerned, the petitioners have submitted a wrong form and as such are not entitled to any monetary compensation nor any consideration.

I have considered the pleadings filed on behalf of the parties and I am of the view that in view of the rejection of the petitioners' proposal on 8th December, 2014 (which is appearing at page 4 of the affidavit-in-opposition), there is no substance in the submission of the petitioners that their proposal has not been considered by the Appropriate Authorities. As far as demand for monetary grant is concerned, in view of the categorical stand taken by the Union of India that the petitioners have filled up an incorrect form, there is no question of passing any order in favour of the petitioners.

However, liberty is granted to the petitioners to file an appropriate proposal form under the relevant law, if otherwise permissible.

3

It is submitted on behalf of the Union of India that the petitioner No. 1 is not a Cultural Organisation and therefore, it is not entitled to any monetary grant whatsoever. Such decision may be communicated to the petitioners if and when so occasion arises.

With the aforesaid directions, W.P. 5977(W) of 2018 stands disposed off.

There shall be no order as to costs.

Photostat certified copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Ravi Krishan Kapur, J.)