In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

Present :

The Hon’ble Justice Subhendu Samanta

WPA 714 of 2019

Naresh Kothari & Ors.

Versus

State of West Bengal & Ors.

For the petitioner : Mr. Piyash Chuturbedi,

Mr. Nirmalya Dasgupta,

Mr. Rajesh Upadhyay

For the KMDA : Mr. Satyajit Talukdar

Mr. Arindam Chatterjee

Heard on : 8^th August, 2025

Judgment on : 26^th September, 2025

Subhendu Samanta, J :

1. In the month of November, 2006, the Kolkata Improvement Trust (KIT)

was receiving offers for allotment of office/commercial spaces at

“Uttara Commercial Complex” situated at CIT Scheme No.VIIIM, formed out of original premises No.20, Ultadanga Main Road, Kolkata, Holding No.20, Sub-Division-IX, Division-2, Police Station: Ultadanga.

2. The said project, office/commercial spaces were available at that point of time for sale to the prospective buyers upon payment of consideration amount as finalized by the KIT. Such commercial/office spaces which were available for sale on a free-hold basis transferring right, title interest and possession in favour of the prospective buyers.

3. Petitioners on the basis of such offers jointly applied for allotment of commercial spaces and floors of CS-2, 5th Floor, measuring about an area of 68.08 Sq.Mtrs. in the commercial spaces at 9B, Ultadanga Main Road at “Uttara Commercial Complex” for a total price of Rs.

18,66,936/-.

4. Petitioners along with his application form has also deposited money to the tune of Rs.25,000/- only by virtue of a Demand Draft being No.182155 dated November 27, 2006 in favour of KIT. On July 20, 2007 the KIT by its letter being No.3-481(4)/Misc-VIII-M/156 allotted the subject property being the office/commercial spaces in favour of the petitioners.

5. Thereafter, petitioners on July 28, 2007 has deposited an amount of Rs.1,61,694/- and also deposited an amount of Rs.4,66,734/- on June 18, 2008. On September 11, 2013 the KIT requested the petitioners to make the balance payment of Rs.23,84,803/- for the purpose of completion of sale in response to that letter. On September 26, 2013 the petitioners made the full and final payment of Rs.

23,84,803/- to KIT by virtue of Demand Draft bearing No 302369 dated September 25, 2013 drawn on ICICI Bank, R.N. Mukherjee Road, Kolkata.

6. Thereafter, on June 16, 2014 the KIT issued a letter of possession, inter alia, handed over the possession of the subject plot to the petitioners. In the month of January 2005 the petitioners requested KIT to execute the Deed of conveyance in their favour. They have also deposited a sum of Rs. 2,000/- as a process fee for preparation of Deed of the said office/commercial spaces for executing and registering at an early date.

7. There are some confusions and queries raised by the petitioners which were clarified by the KIT and KIT requested to approve said draft Deed of conveyance. Ultimately, in the month of April 6, 2016, the petitioners approved and confirmed the said draft Deed of conveyance and requested KIT authority to issue a valuation certificate for the purpose of registration and stamp duty to be paid at the time of registration.

8. In the month of June 2016 a Deed of conveyance was duly signed and executed on the part of the petitioners by putting their signature with finger print and the said partial executed Deed of conveyance was done at the office of the KIT.

9. Thereafter, petitioners several time requested the KIT authority to complete the registration of the said Deed at the earliest. Petitioners also made several representations, but none of the representations were addressed properly; hence this writ.

10. Learned counsel for the petitioners submits that after receiving the entire consideration money and after completion of partial execution of the Deed, the respondent authority cannot sit tight over the matter. He submits that the petitioners were possession over the said commercial spaces, but the in-action on the part of the respondent authority for not execution of the Sale Deed