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2017 DIGILAW 87 (CAL)

VENKATESHWAR MEDICARE PVT. LTD. v. STATE OF WEST BENGAL

2017-01-16

I.P.MUKERJI

body2017
JUDGMENT : 1. The petitioner is a private limited company. It is a lessee of 15.01570 cottahs of land comprising plot No. 20, Block DN, Sector-V, Salt Lake City, Kolkata-700091. 2. The petitioner applied to the Nabadiganta Industrial Township Authority for sanction of a building plan to construct a building having a basement, ground floor and four storeys over it. It wanted to use it as a hospital. The building plan was sanctioned on 21st June, 2006. It was valid till 20th June, 2016. It appears from the submission made that the construction has been completed. In respect of the construction comprising of the basement, ground floor the completion certificate was issued on 5th May, 2011. 3. On 11th January, 2013, the writ petitioner company gave notice of completion to the above authority with regard to the rest of the building and requested it to make an inspection and issue an occupancy certificate. 4. The private respondents objected to the issuance of this certificate. They claimed to be the shareholders of the petitioner company. 5. In fact, there appears to be a dispute between the persons now controlling the company and the respondent Nos. 5 and 6 with regard to its control and management. It is pending before this Court as a civil dispute. 6. The petitioner company applied for a building permit and obtained it. They have also furnished completion certificate with regard to the construction up to the ground floor. Now, they have furnished this certificate for the rest of the building and propose to obtain an occupancy certificate. 7. In my opinion, when a building plan is sanctioned in favour of a company, normally, any internal dispute in it, cannot influence the authority with regard to the grant of the occupancy certificate. It has only got to see whether the building has been completed in accordance with law and the building plan and issue the said certificate to the company. Whether the petitioner or the persons controlling it should be permitted to run the hospital or not, in my view, is within the domain of the learned Civil Court. 8. It has only got to see whether the building has been completed in accordance with law and the building plan and issue the said certificate to the company. Whether the petitioner or the persons controlling it should be permitted to run the hospital or not, in my view, is within the domain of the learned Civil Court. 8. Hence, this writ application is disposed of by directing the Nabadiganta Industrial Township Authority including the respondent No. 3 to process the application of the petitioner for grant of occupancy certificate and to take a decision in the matter forthwith not later than four weeks from date and forthwith communicate the same to the writ petitioner. 9. If the writ petitioner succeeds before the local authority in obtaining the certificate it shall not make beneficial use of it for a period of four weeks from date to give a chance to the private respondents to get an order from a Civil forum. 10. Urgent certified photo copy of this order, if applied for, be given to learned advocates for the parties upon compliance of all requisite formalities.