Today is fixed for admission hearing. After hearing the Ld. Advocate and going through the material on record we find that the case as unfolded in the petition of complaint suffers from opacity. The allegation of the complainant has to attempt of the developers to sale the Schedule-Property i.e. G+5 storied incomplete building on 5 Cottahs land does not find corroboration from paragraph 22 of the Power of Attorney dated 06.03.2014.

The developers were authorized by the aforesaid Power of Attorney to sale the proposed flat except the owner’s allocation. It is not the specific case of the complainant that the developers are trying to sale the property falling under the owner’s allocation. Again, the complainant’s prayer for direction to the OP for registration for the allocated portion of the property also does not hold good as because the Schedule – Property is incomplete G+3 storied build, whereas the owner’s allocation as per development agreement relates to complete covered area. We are unable to get it from the complaint whether the complainant is ready to accept the incomplete covered area or not. Again the allegation that the developers are raising illegal construction can be dealt with the Municipal Corporation which sanctioned the plan for the building.

The complainant’s prayer for order preventing the developers from selling out any part of the G+3 storied building on 5 Cottahs land again receives a serious set back if we consider it in the light of Power of Attorney dated 06.03.2014.

Moreover it transpires that the developers were due to complete the development work as per agreement, dated 21.06.2012 within 3 months from the date of sanction of plan. But nowhere the date of sanction of plan has been mentioned nor the complaint is supported by a copy of plan. In view of the aforesaid inconsistencies and fallibilities the complainant’s case as made out as no leg to stand upon.

This is a fit case for passing a dismissal order.

Hence, it is ordered that the case and the same is dismissed as being not admitted.

Let the plain copy of this order be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT