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2023 Supreme(Cal) 36

ARIJIT BANERJEE, APURBA SINHA RAY
Kabita Saha – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Saptansu Basu, Advocate, Kumar Gupta, Advocate, Supratim Laha, Advocate, Binay Kumar Jain, Advocate, Piyush Jain, Advocate, Amitesh Banerjee, Advocate, Ipsita Banerjee, Advocate, Arka Kumar Nag, Advocate, Tirthankar Dey, Advocate, S. Banerjee, Advocate

JUDGMENT

1. The matrix of the instant appeal which has arisen out of a judgment passed in the Writ Petition No. 31206 (W) of 2017 may be narrated as here under:

2. A deed of lease for a period of 999 years was executed by the Government of West Bengal in favour of the predecessor -in -interest of the petitioners in respect of plot number FC-47 in Sector III of Salt Lake, Kolkata with a condition to construct a residential building on the said premises within three years. Due to death of the original allottee and thereafter successive death of some of the legal heirs of the allottee, construction was not made on the said land. However, on the application for mutation submitted by the legal heirs, an order dated 23.05.2017 was passed by the Department of Urban Development, Government of West Bengal mutating the names of the petitioners as co-lessees in respect of plot number FC-47, Sector III Salt Lake, Kolkata with a condition that the building is to be constructed within 6 months. The writ petitioners submitted building plan before the Executive Engineer, Bidhannagar Municipal Co












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