Nishita Mhatre, J.

1. This appeal is directed against the judgment and order dated 6th January, 2016 in W.P. No.4928 (W) of 2015. It has been preferred by the Kolkata Municipal Corporation and its Commissioner (hereinafter referred to as “KMC”). The Respondent Nos.1 and 2 are Fabworth Promoters Pvt. Ltd. (hereinafter referred to as “Fabworth”) and its director, respectively. Respondent No.3 is the Kolkata Metropolitan Development Authority (hereinafter referred to as “KMDA”). Respondent No.4 is the Hearing Officer whose order was challenged before the learned Single Judge by Fabworth.

2. A plot of land measuring about 5.61 acres at the junction of Dhapa Road and Eastern Metropolitan Bypass is owned by the KMDA. A notice was published on 20th February, 2006 by the KMDA inviting tenders for leasing this land for constructing a 5/7 Star Hotel thereon. Fabworth being interested, offered a lease premium of Rs.189,67,41,000/-, which was the highest bid received by the KMDA. The bid was accepted and a Lease Deed was executed between the KMDA and Fabworth on 20th September, 2007. The lease was for a period of 99 years and was renewable for a further period of 99 years. Several rest