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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
Amal Ranjan Samaddar – Appellant
Versus
Kolkata Metropolitan Development Authority – Respondent
| Table of Content |
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| 1. allegations of arbitrary actions against kmda were presented by the petitioner. (Para 1 , 2 , 3 , 4) |
| 2. arguments introduced by the respondents regarding failure to execute the lease agreement. (Para 5 , 6 , 8 , 9 , 10 , 14) |
| 3. no illegality found in the authority's cancellation of allotment. (Para 19) |
| 4. the petition is dismissed with the court affirming the authority's action. (Para 20) |
JUDGMENT :
1. The mother of the petitioner, namely, Smt. Bela Rani Somaddar (since deceased) was allotted a Plot of Land with core house at Baishnabghata Patuli Area Development Project by Kolkata Metropolitan Development Authority on August 8, 1985 with approximate area of land of 54 Square Meter with a price of Rs.18,000/-. In terms of the said allotment letter the allottee has paid Rs.3,000/- on 18.09.1985, Rs. 2,500/- on 14.02.1986 and Rs.1,500/- on 25.08.1986.
3. Learned counsel for the petitioner submits that the present petitioner being one of the sons of the original allottee had made several representations with the authority. Moreover, the petitioner was attended the meeting as directed by the concerned authority for payment of penalty and for delayed payment and for transfe
The court reinforced that failure to execute necessary agreements and comply with payment terms nullifies any claims to land allotment rights, even where intentions to pay exist.
Non-compliance with payment schedules in allotment agreements leads to automatic cancellation of rights to the property.
Non-payment of lease salami within stipulated time does not automatically cancel allotment; requires active governmental cancellation, establishing a directory interpretation of time limits.
The principles of natural justice require that an allotment cannot be cancelled without due process, including notice and an opportunity to be heard.
The automatic cancellation of allotment in case of default in payment and the applicability of Section 34B of the Act only after execution of a lease-cum-sale agreement.
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
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