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