JUDGMENT :

Apurba Sinha Ray, J. :

1. The Housing Board commenced a project under the name and style of Eastern High, New Town, at Kolkata, which offered allotment of flats on the basis of a lottery. The respondent No. 1 Smt. Saroj Shah applied for allotment of a type C flat at Eastern High at New Town and paid a sum of Rs. 2,00,000/-as application money. A provisional letter of allotment dated 23.04.2008 for one HIG-C Type flat was issued in favour of the respondent No. 1 Smt. Saroj Shah on certain conditions. On 24.07.2008 the appellant issued a letter informing the writ petitioner/respondent that there would be a delay in completion of the said project and the same is expected to be completed by December, 2009 instead of December, 2008 as proposed earlier. On 20.10.2009 the appellant issued a letter to the writ petitioner/respondent no. 1 asking her to inform whether she had submitted payment particulars to the office of the appellant. On 06.11.2009 the writ petitioner/respondent submitted a representation before the Appellant Board requesting the Board to allow her to deposit the allotment money with penal interest if any. The appellant Board cancelled the provisional allotment in