12. 18.09.2025 Court No.37.

(Pritam)

FMA 517 of 2024 Sumana Saha & Anr.

-Vs.-

State of West Bengal & Anr.

Mr. Pratik Dhar, Sr. Adv., Mr. Samir Halder, Mr. Snehal Sinha …..for the appellants. Mr. Suman Sengupta, Ms. Amrita Panja Moulick.

....for the State.

 Dictated By Om Narayan Rai, J.:-

1. This appeal is directed against an order dated March 5, 2024 passed by an Hon’ble Single Judge in WPA 2808 of 2001 thereby disposing of the writ petition without granting any relief as prayed for by the writ petitioners.

2. One Mrityunjoy Saha (since deceased), the predecessor-

in-interest of the writ petitioners (i.e. the husband of the writ petitioner no. 2) had made an application in the prescribed form for allotment of a plot of land being plot No.B-4/389 in Kalyani to the Government of West Bengal under Kanchrapara Development Scheme. Such application was accepted by the Government of West Bengal on April 24, 1990 and the said plot of land was allotted to the predecessor-in-interest of the petitioners by way of lease.

3. The said application, which upon being accepted by the Government (hereafter “letter of allotment”) resulted in a binding contract, contained inter alia the following terms:

“3. That I/We shall pay at least one-third of the premium or salami in respect of the said plot (inclusive of the amount deposited as earnest money) at the rate of Rs.1006.25 per cottah within two months from the date of acceptance of this offer. In default of payment as aforesaid of the one-third of the premium or salami I/We shall pay interest on the amount thereof at the rate of 6 per cent per annum from the date of acceptance to the date of payment and should I/We make default in payment of one-third of the premium or salami as aforesaid with interest, if any, payable thereon, for the period of six months from the date of the acceptance of this order, I/We shall be liable to forfeit the amount deposited as earnest money to the Government.

I/We shall pay interest at the rate of 6 per cent per annum from the date of acceptance on the balance of the premium or salami or any part thereof which may be allowed by you to remain outstanding in respect of the said plot and interest will be the first charge on the deposited amount and the said amount so reaming outstanding will form a first mortgage and charge on the demised land and the building or buildings as may be erected thereon. The balance of the premium or salami so remaining outstanding together with interest due thereon in respect of the said plot shall be paid by me/us in 03 equal annual installments, the first of such payments to be made within one year from the date of acceptance of the offer and the subsequent 02 installments, together with interest payable in 2 successive years. Should I/We made default in payment of three such installments or premium or salami and interest payable within the period of said 03 years and any installment or any portion thereof or any amount of interest payable within the specified period after expiry of (3rd) years. I/We shall be liable to forfeit the amount already paid to the Government who will also have the right and be at liberty to determine the agreement and re- enter possession of the said premises together with the buildings as my be erected thereon and the Government shall not be liable to pay any damages, or make any compensation therefore to me/us.

Provided however that should I/We pay the annual installments of the balance of premium or salami payable by me/us with the interest payable thereon duly and punctually the Government shall accept interest on the said balance of premium or salami at the rate of 5 per cent per annum in lieu of 6 per cent per annum. I/We may pay more than one installment of the outstanding price. In case of short payment I/We may be treated as defaulter/defaulters:-

Provided further that nothing hereinbefore stated shall be deemed to preclude me/us from paying any installment/installments before due date, but the manner and time o