Government policies cannot be applied retrospectively to invalidate pre-existing rights or contractual obligations, ensuring fairness and legal certainty.

Judgment :

Ajay Kumar Gupta, J.

1. This instant writ petition has been filed by the Petitioners seeking direction upon the respondents and/or their agents, servants, assigns and/or representatives to rescind and/or cancel and/or withdraw the memo no. 191/KMDA/Estate (MM)/Purba/Ph- II/06/FCFS dated 08.03.2020 as Annexure P-8 of the writ petition and further prays for direction upon the respondents and/or representatives to execute the deed of sale of the apartment in favour of the petitioners forthwith.

FACTS OF THE CASE

2. The brief facts, leading to the filing of this writ petition, are as under:

a. The KMDA envisaged a scheme to build a housing complex, namely, Purba housing, at 1582/2, Rajdanga Main Road, Police Station - Kasba, Kolkata - 700 107 consisting of 361 residential apartments in 5 nos of 8-storied buildings, 4 nos of 6-storied buildings, 5 nos of 5-storied buildings and 2 nos of 4-storied buildings, in different blocks, to sell among the aspiring applicants, on outright after payment of full and final consideration amount.

b. The petitioners, having been satisfied with the booklet/brochure issued by the KMDA in the year 2005, made an application within the prescribed time to buy a residential apartment within the project area, and they deposited the application money in terms of the brochure.

c. After being satisfied by the respondent authority in terms of paragraph no. 5 of the brochure allotted an apartment of saleable area of 1113 sq. ft. bearing No. E-5/1 at 6D-II Block provisional premium of apartment amounting to Rs. 17,80,800/- in the name of the petitioners by an office memo vide number 2189/KMDA/MM/PURBA/PH-II/06/FCFZ dated June 26, 2006. The aforesaid provisional amount as per the letter of allotment would have to be paid in 3 instalments.

d. The petitioners paid the consideration amount in full within the specified time and, thereafter, by the memo no. 1408/KMDA/MM/Purba/Ph-II/06/FCFS dated 04.12.2008, the respondent no. 4 issued a Possession Advice. As such, the petitioners are entitled to take possession of the allotted flat. Accordingly, the petitioners were advised to receive the possession advice.

e. By the memo no. 387/ECPO-1/KMDA/645/AD dated 12.12.2008, respondent no. 4, handed over the possession certificate to the petitioners of the flat/apartment no. E-5/1 Block GD Building No. 1 Type II of the Purba Housing Complex at East Kolkata Township, as the petitioners deposited the entire consideration amount of the apartment.

f. In the said possession certificate, in paragraph no. 5, it was clearly stated that KMDA will transfer the apartment on a freehold basis. However, the sale deed will be executed within the allottees after they have obtained membership in the co-operative Housing society or apartment owners' association, duly approved by the competent authority.

g. The deed of transfer shall be executed and registered in the format prescribed by the KMDA. The stamp duty, registration charges and other charges as may be levied by the Government from time to time for registration and/or execution of the deed of transfer shall be payable by the allottee. The petitioners, after possession of the apartment, have been depositing the municipal property taxes.

h. The respondent authority also provisionally allotted semi-covered garage space, with the conditions mentioned in the Brochure for a consideration price of Rs. 1,75,000/- by the memo No. 1812/1/KMDA/MM/Purba/PH-II/06/FCFS dated 05.10.2010. In this respect, the petitioners paid the consideration price in full for the aforementioned garage space, and the respondent authority handed over possession of the garage