Calcutta High Court (Appellete Side)
3787W/2010 on 1 March, 2010
Author: Indira Banerjee
Bench: Indira Banerjee
W.P. No. 3785 (W) OF 2010.
In Re: Unipon Hospital & Medical Sciences Pvt. Ltd. &
Anr..Petitioners.
Mr. Debol Banerjee,
Mr. Pushan Kar.
..for the petitioners.
Mr. Pranab Kumar Dutta,
Mr. Biswajit Mukherjee,
Mr. R.N. Chakraborty.
..for the K.M.C.
No one has appeared to oppose this writ application
on behalf of the respondent nos.1 and 2 in spite of
notice.
By a registered deed of conveyance the petitioner purchased premises No. M-64, Paharpur road, Ward Noi.133, Borough 15, Kolkata (hereinafter referred to as the said premises), comprised an area of approximately 1632 Sq.Mtrs.
According to the petitioners, there is no vacant land in excess of the ceiling limit prescribed under the Urban Land( Ceiling & Regulation) Act, 1976, hereinafter referred to as ULCRA. The petitioners applied to the respondent no.2 for no objection certificate. Aggrieved by the refusal and/or failure of the respondent no.2 to take a decision on the application of the petitioners, the petitioners filed a writ application being W.P.15716 (W) of 2009, which was disposed of by His Lordship the Hon'ble Justice Jayanta Kuma Biswas, by directing the competent authority to take necessary steps in connection with the no objection certificate. It is submitted that the petitioners have submitted building plan for construction of a hospital at the said premises. However, the plan is not being sanctioned since the competent authority is not issuing the requisite no objection certificate.
Rule 4 sub-rule 4 of the Kolkata Municipal Corporation Building Rules, 1990 provides as follows;
Rule 4(4): " In the case of a site or plot measuring 500 square metres or above, covered by the Urban Land (Ceiling & Regulation) Act, 1976 (33 of 1976), the notice shall be accompanied by a "no objection certificate" from the competent authority, appointed under clause(d) of Section 2 of the said Act, to the effect that there is no objection in respect of transfer of the site or plot under sub-section (3) of section 5 of the said Act;
Provided that the requirement as aforesaid shall be deemed to have been waived on the failure of the competent authority to furnish the certificate within three months from the date of reference to it"
Mr. Banerjee submitted and rightly that the provision of Rule 4 with regard to the requirement of no objection certificate from the competent authority appointed under the ULCRA shall be deemed to have been waived on failure of the competent authority to furnish the certificate within one month from the date of reference to it.
Mr. Mukherjee, learned counsel appearing on behalf of the Kolkata Municipal Corporation pointed out that in this case the competent authority under ULCRA had taken steps. The petitioners were required to submit the mutation and conversion certificate from the Land Reforms authority, which would confirm ownership and change of classification of the land.
It is evident from Memo No...nil dated 22nd December, 2009 issued by the competent authority that the competent authority under the ULCRA is only required to see whether the vacant land at the premises in question is within the ceiling limit or not. If the vacant land is within the ceiling limit, no objection certificate would necessarily have to be granted. If the vacant land is in excess, no objection certificate might be withheld. It is not understood how the competent authority can insist upon conversion certificate from the Land Reforms authority that would confirm the change of classification of the concerned land.
Mr. Banerjee has rightly pointed out that the title would appear from the registered deed of conveyance. Furthermore, the land has duly been mutated in the name of the petitioners in the records of the Kolkata Municipal Corporation.
The insistence on the mutation, conversion certificate from the Land Reforms authority, notwithstanding mutation in the records of Kolkata Municipal Corporation, is in my opinion wholly without jurisdiction. The ULCRA does not authorized insistence on conversion certificate or mutation certificate from the West Bengal Land Reforms authority. It is unfortunate that a project for construction of a hospital should be delayed.
The reference to the competent authority was made on 5th May, 2009, over 10 months have already lapsed. The competent authority shall take a decision on the application of the petitioners for no objection certificate within thirty days for the date of communication of this order without insisting on any conversion certificate or mutation certificate from the West Bengal Land Reforms authorities.
(INDIRA BANERJEE,J.)