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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Indranil Chowdhury – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SABYASACHI BHATTACHARYYA, J.
1. The present appeal arises at the behest of the writ petitioners, against the dismissal of their writ petition by the learned Single Judge.
2. The matter pertains to a plot of land in Bidhannagar, also known as Salt Lake, in the north-eastern fringes of the city of Kolkata.
3. The case, in a nutshell, is that the predecessor-in-interest of the present appellants, namely, one Bhagabat Chandra Chowdhury, was given a letter of offer of allotment by the Government of West Bengal through the then Irrigation and Waterways Department, under the pen of the Deputy Secretary, Irrigation and Waterways Department, Government of West Bengal, and by order of the Hon’ble Governor of the State of West Bengal, on September 28, 1967.
4. As per the clauses of the said agreement, the plot-in-question was put up for lease for a period of 999 years on payment of a premium or salami charged at the rate as stipulated therein, out of which 50% was to be deposited as earnest money with the Reserve Bank of India, Calcutta by a challan in TR Form No.7 and the receipted challan along with the formal application in duplicate were to be submitted to the Government as per the
Non-payment of lease salami within stipulated time does not automatically cancel allotment; requires active governmental cancellation, establishing a directory interpretation of time limits.
Non-compliance with payment schedules in allotment agreements leads to automatic cancellation of rights to the property.
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.
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.
The court ruled that allotment cancellation for non-payment is valid without prior notice, as applicable law requires notice only post-lease execution, which was not applicable here.
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