IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE RAVI KRISHAN KAPUR AND THE HON’BLE JUSTICE ARINDAM MUKHERJEE RVW No.283 of 2019 CAN 2 of 2019 (Old CAN 12040/2019)

In FMA No. 874 of 2017 SMT. MANISHA GIRI & ANR.

Vs.

THE STATE OF WEST BENGAL & ORS.

For the petitioners : Mr. Surajit Nath Mitra, Sr. Adv.

Mr. Varun Kedia Mr. Avee Jaiswal Ms. Priyanka Prasad Advocates For the State : Mr. Swapan Banerjee Mr. Tarak Karan Advocates Reserved on : 25.06.2025 Judgment on : 04.09.2025 Arindam Mukherjee, J.

1. The review applicant seeks review of a judgment dated 13th December, 2013 dismissing an intra-Court appeal arising out of an order dated 20th March, 2017 passed by a Learned Single Judge in WP No 1336(W) of 2017. The writ petition was filed challenging an order of cancellation of an allotment of land at Salt Lake.

2. The subject matter of dispute pertains to a plot of land being Plot No.

357 in Block AE, Salt Lake, measuring 4.4002 cottahs. Originally, the said plot was allotted to one Biva Rani Dassi (Debi) (since deceased) through the Deputy Secretary Government of West Bengal, Irrigation and Waterways Department sometime in or about the year 1971. Subsequently, a lease was executed in her favour on 3rd May 1974 on the condition that a residential building would be constructed on the given plot as per the sanction plan within a time frame provided thereunder. Pursuant to the above, a plan was also sanctioned by the Biddhannagar Municipal Corporation for construction of a three storied building on an application by the lessee. The said Biva Rani Dassi started the construction as per sanctioned plan but failed to complete the same. A show cause notice under clause 2(6)(a) of the lease dated 9th December, 1991 was also served upon her seeking an explanation for her long inaction and why such plot should not be resumed by the State authorities on her failure to build the house. Pursuant to the above, at the request of the said Biva Rani Dassi, an extension for a year was initially granted to complete such construction vide Memo No. 2146 dated 18th June, 1996.

3. In April 2001, Biva Rani Dassi applied for a 100% share transfer of the subject plot of land to her sole heiress, the review applicant. In view of the above, the Administrator, Biddhannnagar caused an enquiry and found that construction had been made upto the plinth level inclusive of a mezzanine garage floor roof casting.

4. In 2013, upon the death of Biva Rani Dassi, the review applicant applied for mutation of the plot in her name. Another show cause notice was issued on 3rd July, 2014 for violation of clause 2(6)(a) of the lease and seeking explanation as to why such plot should not be resumed by the government. By a reply dated 23rd July, 2014 the review applicant prayed to the Land Manager for issuance of mutation in her favour assuring that the necessary residential constructions shall be completed within a year. Upon considering such prayer the respondent authority by a Memo dated 10th April, 2015, approved the mutation conditionally by granting the review applicant a period of six months from the date of issuance of the mutation order to complete construction of the residential building.

5. The review applicant, thereafter made an application to the respondent authority on 29th June 2016 for approval of a gift of the said land to her son, the review applicant no. 2, following which the respondent authority sought for the last mutation order and the building clearance certificate in order to approve the same. Although the review applicant no. 1 provided the mutation order, however failed to produce the building clearance certificate. Upon later departmental enquiries being made it was found that the review applicant failed to abide by the terms of the lease deed and the Memo dated 10th April, 2015 and that no further construction was made over the said plot. Accordingly, the respondent authority resumed the plot after issuin