Beruflich Dokumente
Kultur Dokumente
Equivalent Citation: AIR2004SC 1344, 2003(3)ARBLR361(SC ), JT2003(Suppl2)SC 300, 2003(4)RC R(C ivil)767, 2003(8)SC ALE424,
(2004)9SC C 619, [2003]48SC L344(SC ), [2003]Supp4SC R385
9 3 . It does not appear to be the case of the AWHO that there is a contractual
obligation on the part of Sumangal to get the plan sanctioned. In any event, such a
contractual obligation for the purpose of attracting the penal clauses must appear
from the contract itself and not from any other document.
94. The learned arbitrators in their award did not point out any specific clause in
terms whereof it was for Sumangal to get the plan sanctioned. It merely relying or on
the basis of a letter of Sumangal made it partially liable therefore.
9 5 . No document exists to show that Sumangal had any legal liability to get the
Municipal plan sanctioned.
96. Section 204 of the West Bengal Municipal Act, 1993 prohibits erection of any
building excepting with the previous sanction of the Board of Councillors. In terms of
Section 205 it is for the person who intends to erect or re-erect a building to submit
an application with a building plan in such form.
97. The provisions of the West Bengal Municipal Act, 1993 go to show that it was for
AWHO to submit an application for sanction of the building plan together with
requisite documents therefore. Ordinarily, the duty to pursue sanction of a plan is of
the owner or its authorised representative. Such a job, it is common experience, is
done by a qualified architect or the persons having regard to their duties to prepare a
building plan In terms of the building laws so as to enable them to make
clarifications as and when called upon by the statutory authorities or in a given case
make modifications or alterations thereof, The building, plans prepared by the