Calcutta High Court (Appellete Side)
3785W/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), comprising 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. In order to obtain sanction of a building plan for construction of a hospital, the petitioners applied to the respondent no.2 for no objection certificate under ULCRA.
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.
Mr. Banerjee submitted that the petitioners have already submitted a 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, however, pointed out that in this case the competent authority under ULCRA had taken steps.
Mr. Mukherjee referred to the letter dated 22nd December, 009 of the competent Authority, the contents of which are set out herein below;
" With reference to the above he is again requested to submit the mutation Conversion certificate from L.R. Authority which will confirm the ownership and Change of classification of the concerned land Mutation and conversion in the L.R, Records is required for the issuance of NOC Mutation in the records of Kolkata Municipal Corporation does not confirm the title and ownership of any land lying under the jurisdiction of L.R,Authority NOC cannot be issued without confirmation of right and title in the l.R. records."
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.
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 and 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 authorize 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 in the process.
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. The writ petition is disposed of accordingly.
(INDIRA BANERJEE,J.)