MRS. SAMIKSHA BHATTACHARYA, MEMBER
This Review Application being No. RA/24/2023 has been directed by the J.dr. No. 3 namely, Shri Ananda Kumar Gupta u/s 50 of CP Act 2019 against the order No. 25 dated 12.04.2023 passed in the instant Execution Case.
Ld. Counsel for the J.dr. No. 3 has submitted that it is the duty and obligation of all the J.drs to comply with the final order/judgment dated 16.12.2019 passed in CC No. 82 of 2017 and this Commission has no jurisdiction to modify the final order/judgment dated 16.12.2019. But, this Commission being the Executing Commission has been pleased to alter/modify the final order/judgment dated 16.12.2019 passed in the CC/82/2017 by passing the Order No. 27 dated 12.04.2023 and thereby shifted entire responsibility for compliance of the final order/judgment dated 16.12.2019 as to give a completion certificate of the building to the decree holders/complainants by obtaining CC from the Kolkata Municipal Corporation on the shoulder of the J.dr. No. 3 i.e., the Review Applicant.
The Ld. Counsel for the Jdr No. 3 has further submitted that the balance amount of consideration of Rs.1,20,000/- was only appropriated by all the Jdrs proportionately at the time of execution and registration of the deed of conveyance in favour of the decree holders and as such it is the joint liability of all the Jdrs to make payment of the unpaid property tax bill proportionately for the scheduled premises. Therefore, the Ld. Counsel for the Jdr No. 3 has prayed for modifying the order No. 25 dated 12.14.2023 otherwise the other Jdrs would not come forward to discharge their liability for making payment of unpaid property tax proportionately for the scheduled premises and to obtain completion certificate. Therefore he has filed the instant Review Application otherwise the petitioner shall suffer irreparable loss and injury.
Ld. Counsel for the decree holders has submitted before us that it is the liability of all the Jdrs in respect of obtaining the completion certificate. Therefore, he has prayed for direction upon all the Jdrs otherwise the decree holders will suffer for an indefinite period.
Jdr No. 4 has filed written objection.
By filing the written objection, the Jdr No. 4 has strongly objected and refused to be bound himself by any modification of Order No. 25 dated 12.04.2023 since he is not a developer, but he is the owner of the land. As per agreement on 04.07.2008 with the developer, the Rights of Developers are specifically written therein. The owners have not been included in the said Right.
The Ld. Counsel for the Jdr No. 4 i.e., land-owner has submitted that his client has all along cooperated with the developers and the letter dated 16.01.2020 issued by Jdr. No.4 has been received by Jdr. No.3. Jdr. No.3 has acknowledged the intention of cooperation of Jdr. No.4 regarding the final order passed by this Commission.
At the time of hearing of Review Application, the Ld. Counsel for the Jdr No. 3 has submitted that as per direction of Kolkata Municipal Corporation he was present before the Hearing Officer of the Kolkata Municipal Corporation on 21.08.2023 issued by the Assessment-Collection Department, Kolkata Municipal Corporation, Ld. Advocate for the land-owner has also submitted that his client was also present before the Hearing Officer. Ld. Counsel for the petitioner/Review Application/Jdr No. 3 has also submitted that as per hearing before the KMC, six months’ time would be required to obtain the Completion Certificate.
Upon hearing the Review Application and the other documents it appears to us that by the Order No. 25 dated 12.04.2023 it was ordered for compliance of order and for filing papers with regard to deliver the Completion Certificate from the KMC by the Jdr No. 3 as a last and special chance. But on scrutiny of the materials on record it appears to us that on 20th January, 2023 Ld. Advocate appearing for the Jdr. No. 3 has submitted that two months’ time should be given to comply with the order and to deliver the Completion Certificate to the decree holders. On the previous date i.e., on 04.11.2023, Jdrs. Anand Kumar Gupta and Sougata Pal were directed to hand over the completion certificate to the decree holders within 20.01.2023.
Thereafter, on 15th March, 2023, Jdr No. 3/Review Applicant filed a petition praying for permission to represent himself through the Ld. Advocate and prayer was allowed. The Ld. Counsel for the Jdr. No. 3 has also prayed for time for compliance of the order. Accordingly, next date i.e., 12.04.2023 was filed for compliance of the order and for filing the papers with regard to the pending CC from KMC by Jdr. No.3 Therefore, it is evident from the record that the compliance of the order by Jdr. No. 3 has not been initiated from Order No. 25 dated 12th April, 2023. As per undertaking by the Jdr No. 3 and as per submission of Ld. Counsel for Jdr. No. 3 the compliance of the order was shifted upon Jdr No. 3, which is reflected from Order dated 20th. January, 2023. The Jdr. No.3 has submitted on 20.0102023 that two months time should be given to comply with the order and to supply the completion certificate to the decree holders. Accordingly, the Jdr No. 3 has prayed for time on 20.01.2023 and on 15th. March, 2023. In continuation with earlier orders, Order No. 25 dated 12th April, 2023 was passed. Therefore, there is no apparent error on the face of the record in the order No. 25 dated 12th April, 2023. If there is any apparent error by giving direction to Jdr. No. 3 only, to supply the Completion Certificate to the Decree Holders, in that case Jdr. No.3 ought to have prayed for modification of Order dated 21.01.2023. It is pertinent to mention here that Order dated 20.01.2023 was passed upon the submission of Ld. Advocate on behalf of Jdr. No.3. Therefore, the prayer for Review Application to modify the Order No. 25 dated 12.04.2023 should be rejected accordingly.
The Review Application being No.RA/24/2023 is rejected on contest.
Fix 02.11.2023 for compliance of the order and for filing paper with regard to completion certificate from the KMC.
