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2011 Supreme(Cal) 1410

J.K.BISWAS
Jayanti Paul – Appellant
Versus
Kolkata Metropolitan Development Authority – Respondent


Advocates Appeared:
Saktinath Mukherjee, Deba Prasad Mukherji, Debjit Mukherjee, Santanu Chatterjee, Partha Sarathi Basu

JUDGMENT

1. THE petitioners in this art.226 petition dated September 22, 2009 are questioning a decision of the Kolkata Metropolitan Development Authority (hereinafter referred to as "the Authority") dated September 15, 2009(p.59).

2. THE relevant parts of the decision are quoted below:

"With reference to the above, this is to inform you that 200 Sq.mtr. of HIG plot was allotted to Sri Bibhuti Bhusan Paul. After actual measurement of the plot no.C-15, under BPADP measuring 200 Sq.mtr. the possession of land was delivered to you. According to terms and conditions of the Lease deed executed with you on 15.07.1988, the allottee had to complete of the construction of the residential house within 5(five) years from the date of execution of Lease deed i.e. within 1993. Within this period even the permission from the Kolkata Muicipal Corporation for construction had not been obtained. The allottee later passed away in 1995. However, it is found that you have not as yet started construction. This is clearly against the terms and conditions of the Lease deed executed by you. Therefore, as per the terms and conditions enumerated in the Lease deed, the offer of allotment of plot no.C-15, HIG i




























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