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 shall stand automatically cancelled.

(d) The remaining 50 per cent. of the premium or salami will be payable within two months from the date of receipt of the information that the land is ready for delivery of possession.

(f) On failure to make payment of the instalment referred to in clause (d) above within the prescribed period the earnest money mentioned in clause (b) will be liable to be forfeited and the allotment order cancelled and the Government will be at liberty to offer the plot to another party.

(j) Physical possession of the plot will not be handed over before the premium or salami has been paid in full.

2. It is submitted by the learned Advocate by the learned Advocate for the petitioner that on receipt of the above-mentioned letter dated 6th May, 1974, the petitioner deposited 50 per cent. of the salami in favour of the concerned authority.

3. It is also an accepted position that the application accepting offer of allotment of land was not executed by the petitioner till date on the ground that the respondent authority never intimated him with the plot of land was ready for delivery which is the condition precedent for execution of the said application on payment of the balance amount of salami.

4. It is on record (Annexure-P2) that the allottee was informed on 11th /14th September, 1974 that she was allotted plot no.191 in Block AC of Sector I of the Township. It was further directed that the blueprints of the entire Sector or a particular block thereof may be obtained from the Office of the Special Engineer, Salt Lake Reclamation and Development Circle at No.9, Brabourne Road (4th Floor), Calcutta-1, on payment of a charge of Rs.4 (Rupees four only) per copy. Then again on 29th March, 1976, the respondent authority forwarded two copies of revised agreement books requesting the petitioner to sign and return the said agreement book to the department immediately in duplicate for taking further action in respect of execution of deed of lease.

5. It is frankly admitted by the learned Advocate for the petitioner that since the petitioner was at that point of time residing in England, it was not possible for her to take follow up action continuously with regard to the said allotment of land and execution of deed on payment of further sum of Rs.10,000/-(Rupees Ten thousand only). However, the petitioner executed a power of attorney in favour of her sister Smt. Mala Kundu, who used to look after the said issue.

6. After a long time of 6th September, 2005, the Executive Engineer, Design, Salt Lake Reclamation and Development Circle wrote a letter to the petitioner requiring her to produce original G.O., original receipted challans, original money receipts etc. It is also stated in the said letter that the file concerning AC 191, Salt Lake City was mi