JUDGMENT :

Bibek Chaudhuri, J.

1. It is not disputed that the petitioner has been residing in England. Sometimes in 1974, she decided to have a plot of land in the then upcoming city of Salt Lake. Indisputably she filed an application on 13th March, 1974 before the competent authority praying for allotment of land measuring approximately about 4 Kathas in Salt Lake Township. It is also on record that on 6th May, 1974 “letter of offer of allotment” was made in favour of the petitioner containing certain terms and conditions. For our purpose Clauses b, d, f and j are relevant and quoted below:-

(b) You are to deposit 50 per cent. of the said salami as earnest money with the Reserve Bank of India, Calcutta, by a Chalan in T.R. Form No.7 and submit to the Government the receipted Chalan along with your formal application in duplicate in the enclosed form as a token of unconditional acceptance of the terms of the lease, a copy of which is also enclosed herewith, and the premium or salami at which the land is offered. The amount is to be paid within 40 days from the date of issue of the letter failing which it shall be presumed that you are not interested in the plot and the allotment order