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Judgment
The Court : Affidavit of service filed in Court today be kept on record.
The present writ petition has been preferred challenging inter alia the vires of the revised schedule of special fee issued under Rule 17 of the West Bengal Fire Service (Fire Prevention and Fire Safety) Rules, 2003.
Mr. Chatterjee, learned advocate appearing for the petitioners submits that on the basis of the amendment on 31st August, 2017, the fees have been enhanced from Rs.3 per Sq.Mtr. to Rs.53.82 per Sq.Mtr. Such enhancement is arbitrary and unreasonable. On the basis of such amendment, a notice was issued by the respondent no.3 demanding an amount of Rs.17,02,638/- for issuance of the fire safety recommendation pertaining to premises no.46A/1, Biplabi Barin Ghosh Sarani and for non-payment of such demand, recommendation, as prayed for, was rejected, as would be explicit from the document at page 33 of the writ petition. He further submits that the sanction plan validity would expire on 2nd January, 2019.
Mr. Majumder, learned additional Advocate General, appearing for the State respondents submits that the matter needs to be decided upon exchange of affidavits.
In consideration of the fact that pendency of the writ petition may defer the project of the petitioners and as the validity of the sanction plan is due to expire on 2nd January, 2019, this Court directs the petitioners to pay the entire amount of Rs.17,02,638/- by online payment through e-challan (GRIPS) as indicated in the document at page 32 of the writ petition, without prejudice to their rights and contentions in the writ petition.
In the event such payment is made and a proper application is submitted, enclosing the e-challan towards such payment, to the respondent no.3 within 18th December, 2018, the said respondent no.3 shall take a decision towards issuance of fire safety recommendation in favour of the petitioners and to communicate such decision to the petitioners prior to 2nd January, 2019.
The respondents would be at liberty to file their affidavit-in-opposition within two weeks after the Vacation. Reply thereto, be filed within two weeks thereafter. The parties would be at liberty to mention the matter for final hearing after exchange of affidavits.
Needless to observe, in the event the petitioners ultimately succeed, the authorities would have to repay the excess amount, if any, paid by the petitioners.