07/09/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

             This Appeal u/s 27A of the C. P. Act, 1986 is directed against the order no.41 dated 22/06/15 passed by Learned District Forum, Alipore, South 24-Parganas in EA 183 of 2013 whereby the Learned District Forum recorded that the Jdrs did not comply with the order of the Hon'ble National Commission and proceeded u/s 27 of the C. P. Act, 1986. 

            The Respondent has filed the Miscellaneous Application praying for sending back the matter to the Learned District Forum with the direction to follow the directive of the Hon'ble National Commission dated 13/04/15.  The written objection has been filed by the Appellant against the Miscellaneous Application. 

            It has been submitted by the Learned Counsel for the Appellant that the completion certificate could not be filed, in as much as, the papers were submitted before the Ld. Building Tribunal where the matter is still pending.  It is submitted that the issue before the Ld. Building Tribunal is the alleged unauthorized construction and until and unless that issue is decided the Appellant is not in a position to submit the completion certificate.  It is submitted that three Appeals are there and as per order of the Hon'ble High Court, Calcutta all those Appeals would be heard analogously before the Ld. Building Tribunal.  It is contended that the Learned District Forum did not consider this aspect of the matter and proceeded u/s 27 of the C. P. Act, 1986 against the Jdrs. 

            It is submitted by the Learned Counsel for the Respondent that as per order passed by the Hon'ble National Commission in Execution Revision Petition No.85 of 2014 the matter has been sent back to the Learned District Forum with the direction to dispose of the proceedings within six months. 

            We have heard the submission made by both sides and perused the papers on record.  Since there is specific direction by the Hon'ble National Commission to the Learned District Forum to dispose of the execution proceedings within six months we find that since the matter has been sent back to the Learned District Forum there is no scope to pass any order in this Appeal. 

            The Appeal is dismissed.