Judgment:
The Court : The Administrator appointed by Court over the building will file a Report dealing with the compliance with the conditions set by both the fire services authority and CESC Ltd. It appears that certain conditions had been set by the fire services authority in July 2009 but for one reason or the other all the conditions have not been complied with despite the suit having been instituted following a devastating fire at the building in question at 40, Strand Road, Calcutta.
The Corporation is represented and it is submitted that the Corporation has required certain documents to be produced and some other conditions to be complied with for granting sanction in respect of the steel staircase proposed to be constructed at the rear of the building at the instance of the fire services authority. The conditions include the demand for a sanction fee which, according to the Corporation, has been sought according to the rules.
Since it is evident that a temporary electricity connection and a temporary no-objection certificate from the fire services authority have continued for a period of nearly 18 months, it is necessary that the conditions imposed by the two authorities be forthwith complied with or else the temporary connection and the no-objection be surrendered. The Administrator will file a Report within a fortnight as to the steps taken.
The Corporation will inform the Administrator within a week as to why appropriate steps have not been taken for sanctioning or considering the sanction of the steel staircase at the rear of the building. The CESC Ltd. will inspect the building and write to the Administrator within a week as to any further safety measures that may be necessary.
On behalf of the first defendant it is submitted that the second defendant association with one Sushil Saraf as its representative has sought to arbitrarily receive maintenance charges from the occupants and demand payment at the rates not originally envisaged. Since this may not be directly within the ambit of the suit, such aspect is not considered at the moment.
It will be open to the first defendant and the applicants in G.A. No.2445 of 2010 and other similarly placed to take appropriate steps regarding the collection on account of maintenance charges. It is made clear that the Administrator was appointed for a limited purpose of facilitating the electricity connection and the compliance with the conditions set by the fire services authority to enable the commercial complex to function.
It is time that the Administrator is disengaged since it should be left to the commercial complex and any democratic body representative of the occupants thereat to run and manage their own show. Let the matter appear on November 29, 2010 when the Administrators Report should be filed in Court.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.