IN THE HIGH COURT AT CALCUTTA (Constitutional Writ Jurisdiction)

APPELLATE SIDE Present:

The Hon’ble Justice Krishna Rao WPA No. 28998 of 2023 With CAN No. 1 of 2024 R.D.B. Builders Private Limited & Anr.

Versus The State of West Bengal & Others Mr. Soumya Majumder, Sr. Adv.

Mr. Mainak Ganguly Mr. Siddharth Shroff .....For the petitioners.

Mr. Pradip Kumar Dutta, Sr. Adv.

Mr. Chanchal Kumar Dutta Ms. K. Mallick .....For the private respondent.

Mr. Amal Kr. Sen, Ld. A.A.G.

Mr. Sabyasachi Mondal …...For the State.

Hearing Concluded On : 04.02.2026 Judgment on : 26.02.2026 Krishna Rao, J.:

1. The petitioners have filed the present writ application challenging the orders passed by the respondent no. 2 on 3rd July, 2023 and 31st July, 2023, which reads as follows:

“4. Therefore, considering all the above and in continuation of the order dated 03.07.2023 passed in the matter, it is hereby ordered that:

(i) The promoter shall pay to the petitioners mentioned in para 3 above, a compensation which will be the amount equal to 10% of the purchase value of their respective flats with a simple interest @12% from the date of making over possession of the flat to the respective petitioner to the date of payi