Arunangshu Chakraborty vs Kolkata Metropolitan Development … on 18 March, 2026

    0
    19
    ADVERTISEMENT

    Calcutta High Court (Appellete Side)

    Arunangshu Chakraborty vs Kolkata Metropolitan Development … on 18 March, 2026

                         IN THE HIGH COURT AT CALCUTTA
                        CONSTITUTIONAL WRIT JURISDICTION
                                 APPELLATE SIDE
    Present :-
    
    The Hon'ble The Chief Justice SUJOY PAUL
                         &
    The Hon'ble Justice PARTHA SARATHI SEN
    
                               WPA 20959 of 2012
                            Arunangshu Chakraborty
                                       -Vs-
                   Kolkata Metropolitan Development Authority
                                   and Others
    
                                      With
                               WPA 21739 of 2012
                                      With
                    CAN 1 of 2013 (Old No. CAN 5825 of 2013)
                                Maya Majumder
                                       -Vs-
                   Kolkata Metropolitan Development Authority
                                   and Others
    
    
    Petitioner-in-person                  Mr. Arunangshu Chakraborty
    in WPA 20959 of 2012:
    
    For the Petitioner                    Mr. Arunangshu Chakraborty, Adv.
    in WPA 21739 of 2012:                 Mr. Arijit Bera, Adv.
                                          Ms. Zeba Rashid, Adv.
                                          Ms. Saika Amrin, Adv.
                                          Mr. Maheshwar Malo, Adv.
    
    
    For the K.M.D.A.:                     Mr. Ashok Kumar Banerjee, Sr. Adv.
                                          Mr. Satyajit Talukdar, Adv.
                                          Mr. Arindam Chatterjee, Adv.
    
    For the Respondent Nos.5 and 6        Mr. Pratik Dhar, Sr. Adv.
    in WPA 20959 of 2012:                 Mr. Samir Halder, Adv.
                                          Mr. Snehal Sinha, Adv.
    
    For the State                         Mr. Tapan Kumar Mukherjee, Sr. Adv.
    in WPA 20959 of 2012:                 Mr. Somnath Naskar, Adv.
    
                                     Page 1 of 61
          Hearing concluded on:                      09.03.2026
         Judgment on:                               18.03.2026
    
    
    
         PARTHA SARATHI SEN, J. : -
    
    1.         In this writ petition which is in the nature of a public interest litigation the
    
         writ petitioner has prayed for issuance of appropriate writ/writs against the
    
         respondent authorities commanding them to cancel the allotment of plot nos. 8
    
         and 9 in Block BD, Category- GRH at East Kolkata Development Project vide
    
         No. 42/KMDA/SECTT/AD-23/2008 dated 02.06.2008 in favour of the
    
         respondent no. 6 along with other ancillary reliefs.
    
    2.         At the time of hearing Mr. Chakraborty (the petitioner-in-person in WPA
    
         20959 of 2012) at the very outset draws our attention to page no. 15 of the
    
         informal paper-book being a copy of the letter dated 12.05.2018 addressed to
    
         the    Minister-in-charge,    Department      of     Municipal   Affairs   and   Urban
    
         Development and Chairman of Kolkata Municipal Development Authority
    
         (KMDA in short). It is submitted by Mr. Chakraborty that from the said letter
    
         dated 12.05.2008 it would reveal that the respondent no. 6 being the Chief
    
         Promoter of one Krishnav Cooperative Housing Society Ltd. (hereinafter
    
         referred to as the 'said society' in short) made a request to allot a plot of land in
    
         KMDA area for a group of 8 officers and professionals desirous to settle in
    
         Kolkata. It is submitted by Mr. Chakraborty that from page nos. 16 to 19 of the
    
         paper-book being a copy of the letter dated 02.06.2008 as issued by the
    
         respondent no. 4 authority addressed to the respondent no. 6 it would reveal
    
    
                                               Page 2 of 61
          that the request made by the respondent no. 6 was promptly adhered to and
    
         the respondent authorities have decided to allot a plot of land at plot no. BD-
    
         8+9 measuring almost 7 cottah at the rate of Rs. 4 lakhs per cottah in favour of
    
         the proposed housing cooperative society, subject to fulfillment of certain
    
         conditions as have been embodied in the said letter.
    
    3.       It is further submitted by Mr. Chakraborty that from page no. 20 of the
    
         paper-book it would reveal further that on 08.10.2009 possession certificate in
    
         respect of the said two plots of land were given to the said society which has
    
         been received by the respondent no. 6. At this juncture, attention of ours is
    
         drawn to page nos. 32 to 35 of the paper-book being a copy of the minutes of
    
         the meeting of the Land and Flat Allotment Committee (hereinafter referred to
    
         as the 'said Committee' in short) as has been held on 20.05.2008 whereby and
    
         whereunder    the   said   Committee    recommended     for   allotment   of   the
    
         aforementioned two plots of land in favour of the respondent no. 6.
    
    4. It is further submitted by Mr. Chakraborty that soon thereafter a registered
    
         deed of lease dated 23.10.2009 was executed by the KMDA in favour of the
    
         respondent no. 6 as would be evident from page nos. 39 to 48 of the paper-
    
         book. Drawing attention to page no. 49 of the paper-book being a copy of the
    
         letter dated 16.08.2010 as issued by the Administrative Officer and Estate
    
         Manager of the respondent no. 1 KMDA addressed to respondent no. 6 it would
    
         reveal that under cover of the said letter dated 16.08.2010 a reminder was sent
    
         to the respondent no. 6 to furnish the list of all members of the said
    
         Cooperative Society along with the relevant affidavit of its members.
    
    
                                            Page 3 of 61
     5.       It is submitted by Mr. Chakraborty that from the chronology of events as
    
         would be evident from the aforementioned documents it would reveal that the
    
         respondent No. 1 KMDA did not adhere to the established rules of allotment of
    
         land under its control which raises a serious doubt in the action of the
    
         respondent no. 1 KMDA and its instrumentalities. It is contended by Mr.
    
         Chakraborty that on perusal of the application dated 12.05.2008 as submitted
    
         by the respondent no. 6 before the then Hon'ble Minister of the said
    
         Department it would be evident that such an application for allotment of plots
    
         of land was not made in an approved format and on the contrary, the same was
    
         done on a plain paper which was allegedly processed with an unexplained
    
         haste by the said Committee on the very next day of submission of the said
    
         application.
    
    6. It is further contended by Mr. Chakraborty that while issuing the letter of
    
         allotment dated 02.06.2008, the execution of the lease deed dated 23.10.2009
    
         in favour of the said society as lessee and the issuance of possession certificate
    
         dated 08.10.2009, the respondent no. 1 KMDA and its instrumentalities have
    
         miserably failed to abide by the prevalent rules and norms as well as the
    
         statutory provisions and thus, the action of the respondent no. 1 KMDA may
    
         be regarded as bad in law since the said authority has no right to fritter away
    
         Government property in favour of the private person or bodies without
    
         adequate consideration and without following the statutory provision and the
    
         rules made thereunder. In support of his contention Mr. Chakraborty places
    
    
    
    
                                             Page 4 of 61
          his reliance upon the reported decision in the case of Lok Prahari Vs. State of
    
         Uttar Pradesh and Ors. reported in (2016) 8 SCC 389.
    
    7.       It is further submitted by Mr. Chakraborty that from the materials as
    
         placed before this Court it would reveal that the respondent no. 1 KMDA while
    
         dealing with the application of respondent no. 6 acted with unexplained haste
    
         and thus there cannot be any difficulty to hold that the allotment of land as
    
         has been made in favour of the respondent no. 6 is arbitrary in nature as well
    
         as the same is mala fide. In support of his contention Mr. Chakraborty has
    
         placed his reliance upon the reported decision in the case of Mandeep Singh
    
         & Ors. Vs. State of Punjab & Ors. reported in 2025 INSC 834. Mr.
    
         Chakraborty further placed his reliance upon the judgment as passed in the
    
         case of Fuljit Kaur Vs. State of Punjab & Ors. reported in (2010) 11 SCC
    
         455.
    
    8.       In course of his argument Mr. Chakraborty further draws attention of this
    
         Court to page nos. 144 to 147 of the paper-book being Annexure- R1 to the
    
         rejoinder of the respondent nos. 5 and 6 being a copy of the brochure as issued
    
         by the respondent no. 1 KMDA in the year 1987. It is submitted by Mr.
    
         Chakraborty that from the copy of the said brochure, it appears that the
    
         respondent no. 1 KMDA had decided the mode of selection of beneficiary for the
    
         purpose of allotment of land and also decided the eligibility criteria for getting
    
         allotment from the respondent no. 1 KMDA. It is submitted that on
    
         comparative study of the relevant clauses of 'mode of selection of beneficiary'
    
         and relevant clauses of the eligibility for getting allotment vis-à-vis the
    
    
                                             Page 5 of 61
          application dated 12.05.2008 as submitted by the respondent no. 6, it would
    
         reveal that the respondent no. 6's application for allotment of land was not in
    
         accordance with the prescribed form as has been annexed to the said brochure.
    
         It is further argued that the respondent no. 1 KMDA itself violated the mode of
    
         selection of beneficiary while allotting the aforementioned land to the
    
         respondent no. 6 without making any finding regarding eligibility of the
    
         members of the said society of which the respondent no. 6 is the chief
    
         promoter.
    
    9.       It is thus submitted by Mr. Chakraborty that the aforementioned
    
         procedural illegality is apparent on the face of the record and the same is
    
         violative of the Article 14 of the Constitution of India since such an action
    
         tantamounts to indirect discrimination. In this regard, Mr. Chakraborty places
    
         his reliance upon the judgment of the Hon'ble Supreme Court in the case of
    
         State of Andhra Pradesh & Ors. Vs. Dr. Rao, V.B.J. Chelikani & Ors.
    
         reported in 2024 INSC 894.
    
    10.        In his next fold of submission Mr. Chakraborty contended that for the
    
         sake of argument even if it is admitted that the procedure as mentioned in the
    
         brochure of 1987 as referred to above is not applicable in case of allotment of
    
         land which is involved in the instant writ petition, even then it would reveal
    
         that the respondent no. 1 KMDA made a complete departure from the
    
         procedure of allotment of land violating the salutary principle that where the
    
         statute provides for a thing to be done in a particular manner, then it has to be
    
         done in that manner and in no other manner.
    
    
                                            Page 6 of 61
     11.      It is further submitted by Mr. Chakraborty that in the affidavit-in-
    
      opposition of the respondent no. 1 KMDA, no plausible explanation has been
    
      given even for non-compliance of the procedure as prescribed in the brochure
    
      of 1987 while allotting the land to the said society through respondent no. 6
    
      which suggests mala fide on the part of the respondent no. 1 and its
    
      instrumentalities in allotting the said land in favour of the said society of which
    
      respondent no. 6 is the promoter. For strengthening his contention, Mr.
    
      Chakraborty places his reliance upon the judgment as passed in the case of
    
      Dipak Babaria & Anr. Vs. State of Gujarat & Ors. reported in (2014) 3 SCC
    
      502.
    
    12.          Drawing attention to the copy of the affidavit-in-opposition of the
    
      private respondent nos. 5 and 6 as available at page nos. 96 to 125 of the
    
      paper-book it is submitted by Mr. Chakraborty that though a case has been
    
      made out on behalf of the private respondent nos. 5 and 6 that at that material
    
      time there existed a Chairman/ Authorities' quota under which the said
    
      Committee recommended the allotment of plots of land or flats however, no
    
      such materials could be placed in the instant writ petition showing the
    
      existence of any quota as wrongly allotted. It is further submitted by Mr.
    
      Chakraborty that for the sake of argument even it is accepted that such quota
    
      existed at the time of such allotment however, allotment of land under the said
    
      allotted quota as a special case smacks of arbitrariness as has been held by the
    
      Hon'ble Supreme Court in the case of Dipak Babaria (Supra).
    
    
    
    
                                          Page 7 of 61
     13.     It is further submitted by Mr. Chakraborty that the procedure of
    
      registration of housing cooperative society and allotment of land etc. as have
    
      been urged by the private respondent nos. 5 and 6 in their affidavit-in-
    
      opposition are contrary to the provisions of West Bengal Cooperative
    
      Societies Act, 2006 (hereinafter referred to as the 'said Act of 2006' in short).
    
      It is further submitted by Mr. Chakraborty that in the affidavit-in-opposition of
    
      the respondent nos. 5 and 6 though a case has been made out that the
    
      aforementioned allotment of land was done in accordance with the provisions
    
      of the West Bengal Town and Country (Planning and Development) Act,
    
      1979 (the 'said Act of 1979' in short) however, no materials have been placed
    
      before this court that such allotment has been made under the said Act of
    
      1979 as wrongly claimed by the private respondent nos. 5 and 6.
    
    14.     In his next limb of submission, Mr. Chakraborty further contended that
    
      the respondent no. 1 KMDA is basically a statutory agent of the State
    
      Government however, by no stretch of imagination it may be presumed that the
    
      respondent no. 1 KMDA has got any power of distribution/ allotment of land in
    
      as much as the preamble of the Kolkata Metropolitan Development
    
      Authority Act, 1972 (hereinafter referred to as the 'said Act of 1972' in short)
    
      clearly postulates that the KMDA was established for the formulation and
    
      execution of plans for the development of Kolkata Metropolitan area and for
    
      coordination and supervision of the execution of such plans. It is thus
    
      submitted by Mr. Chakraborty that from the preamble of the said Act of 1972 it
    
      would thus reveal that the respondent no. 1 KMDA has got no power to allot
    
    
                                         Page 8 of 61
       and/or distribute land over which it carried out the development for which the
    
      said authority was established.
    
    15.     Placing reliance upon the judgment passed by the Hon'ble Supreme
    
      Court in the case of The Fruit & Vegetable Merchants Union Vs. The Delhi
    
      Improvement Trust reported in AIR 1957 SC 344 it is further argued by Mr.
    
      Chakraborty that simply because the KMDA was entrusted in the formulation
    
      and execution of plans for the development of Kolkata Metropolitan area
    
      including the land wherein the aforementioned two plots of land are situated, it
    
      does not mean that ownership of the said property is passed to them. It is
    
      further submitted by Mr. Chakraborty that in absence of any vesting in favour
    
      of the KMDA in respect of the aforementioned two plots of land, the KMDA has
    
      no right, title and interest to execute a registered deed of lease in favour of the
    
      private respondent no. 6.
    
    16.     Placing reliance upon the judgment as passed by the Honb'le Supreme
    
      Court in the case of Tata Steel Ltd. Vs. State of Jharkhand & Ors. reported
    
      in (2015) 15 SCC 55 it is argued by Mr. Chakraborty that it is trite that the
    
      Government is not bound by the Transfer of Property Act, 1882, when it seeks
    
      to transfer any land vested in it or any interest therein. It is thus submitted by
    
      Mr. Chakraborty that when the Government transfers land or any interest
    
      therein to any person, such a transaction is not governed by the Transfer of
    
      Property Act, 1882 and thus, the rights and obligations flowing from such
    
      transfer either a piece to land or an interest therein by the Government cannot
    
      be determined on the basis of the rights and obligations specified under the
    
    
                                          Page 9 of 61
       Transfer of Property Act, 1882. It is thus contended by Mr. Chakraborty that by
    
      execution of registered deed of lease dated 23.10.2009 in favour of the
    
      respondent no. 6 by the KMDA no right, title and interest over the said two
    
      plots of land passed either in favour of the private respondent no. 6 or in favour
    
      of the aforementioned society and, therefore, there cannot be any difficulty to
    
      issue a writ of mandamus against the respondent authorities to cancel the
    
      allotment of Plot Nos. 8 and 9 in the aforementioned development project as
    
      well as the certificate of possession as has been issued by the KMDA
    
      authorities.
    
    17.     In his next limb of submission, Mr. Chakraborty places his reliance upon
    
      the judgment as passed by the Hon'ble Supreme Court in the case of
    
      Rajasthan State Industrial Development and Investment Corporation Vs.
    
      Subhash Sindhi Cooperative Housing Society, Jaipur & Ors. reported in
    
      (2013) 5 SCC 427. It is argued by Mr. Chakraborty that in view of the
    
      proposition of law as enunciated in the case of Rajasthan State Industrial
    
      Development and Investment Corporation (Supra) any encumbrance created
    
      by the owner or any transfer of the land in question which has been made after
    
      the issuance of notification under Section 4 of the Land Acquisition Act, 1894
    
      would be deemed to be void and would not be binding on the Government. It is
    
      thus submitted by Mr. Chakraborty that in view of such there cannot be any
    
      difficulty in coming to a logical conclusion that the registered deed of lease
    
      dated 23.10.2009 as has been executed by the KMDA (as lessor) in favour of
    
      the respondent no. 6 (as lessee) is void ab-initio and thus no right, title and
    
    
                                         Page 10 of 61
       interest passed either in favour of the private respondent no. 6 or any of the
    
      members of the said cooperative society.
    
    18.     Placing his reliance upon the judgment as passed by the Hon'ble
    
      Supreme Court in the case of Akhil Bhartiya Upbhokta Congress Vs. State
    
      of Madhya Pradesh & Ors. reported in (2011) 5 SCC 29 it is further argued
    
      by Mr. Chakraborty that since the KMDA allotted the aforementioned two plots
    
      of land in favour of the private respondent no. 6 without maintaining a sound,
    
      transparent, discernible and well defined policy and in view of the fact such
    
      policy was never known to the public by publication in the official gazette or by
    
      adopting any other recognized mode of publication, there cannot be any
    
      difficulty to hold that such allotment was discriminatory and arbitrary with a
    
      sole intention to give some undue benefit to a class of person or persons.
    
    19.     It is further agued by Mr. Chakraborty that in the judgment as passed by
    
      the Hon'ble Supreme Court in the case of Humanity and Anr. Vs. State of
    
      West Bengal and Ors. reported (2011) 6 SCC 125 the Hon'ble Supreme Court
    
      followed the same legal principle regarding the action of the State in giving
    
      largesse to any person according to the sweet will and whims of the political
    
      entities and/or officers of the State. Placing reliance upon the judgment as
    
      passed by the Hon'ble Supreme Court in the case of Saroj Screens Pvt. Ltd.
    
      Vs. Ghanshyam & Ors. reported in (2012) 11 SCC 434 it is argued by Mr.
    
      Chakraborty that since the KMDA was holding the aforementioned two plots of
    
      land directly as a trustee of the public, the alienation as made by the said trust
    
      in favour of the private respondent no. 6 without holding any auction or by
    
    
                                         Page 11 of 61
       inviting the bids would amount to breach of trust and thus appropriate relief/
    
      reliefs may be granted to the writ petitioner in terms of the prayer made in the
    
      instant writ petition.
    
    20.     Placing his reliance upon the judgment as passed by the Hon'ble
    
      Supreme Court in the case of B.K. Srinivasan & Ors. Vs. State of
    
      Karnataka & Ors. reported in (1987) 1 SCC 658 it is further argued by Mr.
    
      Chakraborty that the alleged policy adopted by the KMDA is basically in the
    
      nature of the subordinate legislation and, therefore, the same ought to have
    
      been published or promulgated in a manner known to law. It is further
    
      submitted by Mr. Chakraborty that from the chronology of events as discussed
    
      in the foregoing paragraphs it would reveal that the allotment of the
    
      aforementioned two plots of land in favour of the private respondent no. 6 vis-
    
      à-vis the execution and registration of deed of lease dated 23.10.2009 in favour
    
      of the private respondent no. 6 as well as the issuance of certificate of
    
      possession also in favour of the private respondent no. 6 have been done in a
    
      clandestine manner which by no stretch of imagination can be said to be
    
      reasonable. In this regard, Mr. Chakraborty places his reliance upon the
    
      judgment as passed by the Hon'ble Supreme Court in the case of Viraj Impex
    
      Pvt. Ltd. Vs. Union of India & Anr. reported in 2026 INSC 80.
    
    21.     At this juncture, Mr. Chakraborty draws our attention to the affidavit-in-
    
      opposition as filed by the respondent no. 1 KMDA as available at page nos. 57
    
      to 94 of the paper-book. It is submitted by Mr. Chakraborty that from internal
    
      page no. 3 (page no. 59 of the paper-book) of the said opposition of the KMDA it
    
    
                                        Page 12 of 61
       reveals that it is the specific case of the KMDA that it generally does allotment
    
      of land and flat of any nature through a committee which is known as 'Land
    
      and Flat Committee' (hereinafter referred to as the 'said Committee' in short)
    
      and the recommendations of the said committee are ratified by the main
    
      authorities itself. It is submitted by Mr. Chakraborty that the mode of
    
      recommendation as made by the said Committee and the modalities of
    
      distribution of land as reveals from the said affidavit-in-opposition are contrary
    
      to the rules of equality and proportionality without having any semblance of
    
      fairness which amounts to discrimination. In support of such contention, Mr.
    
      Chakraborty places his reliance upon the judgment of the Hon'ble Supreme
    
      Court in the case of State of Andhra Pradesh & Ors. Vs. Dr. Rao V.B.J.
    
      Chelikani & Ors. reported in 2024 INSC 894.
    
    22.     Placing reliance upon the judgment as passed in the case of Gunendra
    
      Chandra Dey Vs. The State of West Bengal & Ors. reported in 1996 SCC
    
      OnLine Cal 113: (1996) 1 Cal LJ 541 it is submitted by Mr. Chakraborty that
    
      before a Single Bench of this Court in a writ petition involving the legality,
    
      propriety and correctness of the allocation of plots by the KMDA in the self-
    
      same project as involved in the present lis, KMDA had produced one guideline
    
      for off-loading of plots. However such guidelines are never placed before this
    
      Court in this writ petition which tantamounts to material suppression.
    
    23.     Placing his reliance upon the judgment dated 27.09.2021 as passed by a
    
      coordinate Bench of this Court in WPA 579 of 2016 [Humanity, Salt Lake &
    
      Anr. Vs. State of West Bengal & Ors.] a coordinate Bench reiterated the
    
    
                                         Page 13 of 61
       settled principle of law as enunciated by the Hon'ble Supreme Court in the case
    
      of Akhil Bhartiya Upbhokta Congress (Supra) and thus opined that the
    
      State/ its agencies/ instrumentalities cannot give largesse to any person
    
      according to the sweet will and whims of the political entities.
    
    24.     In course of his argument, Mr. Chakraborty further contended that while
    
      passing judgment in the case of Ramana Dayaram Shetty Vs. The
    
      International Airport Authority of India & Ors. reported in (1979) 3 SCC
    
      489 the Hon'ble Supreme Court while dealing with power or discretion of the
    
      Government in the matter of grant of public largesse came to a finding that
    
      such decision must be confined and structured by rational, relevant and non-
    
      discriminatory action and in the event of any departure from such standard or
    
      norm, the action of the Government would be liable to be struck down unless it
    
      is shown on the part of the Government that the departure was not arbitrary
    
      but was based on some valid principle which in itself was not irrational,
    
      unreasonable or discriminatory.
    
    25.     In his next limb of submission Mr. Chakraborty places reliance upon the
    
      judgment as passed in the case of Basawaraj & Anr. Vs. Special Land
    
      Acquisition Officer reported in (2013) 14 SCC 81 wherein the Hon'ble
    
      Supreme Court while dealing with the settled legal proposition based on Article
    
      14 of the Constitution of India came to a finding that in the event a wrong is
    
      committed in an earlier case, it cannot be perpetuated. It has been held further
    
      that equality is a trite, which cannot be claimed in illegality and, therefore,
    
      cannot be enforced by a citizen or Court in a negative manner.
    
    
                                          Page 14 of 61
     26.     It is thus submitted by Mr. Chakraborty that for the sake of argument
    
      even if this Court finds that similar such illegality was committed by the KMDA
    
      in distribution and/or allotment of plots to some other societies and/or
    
      individuals, such illegal action cannot come into way in granting relief/ reliefs
    
      of the writ petitioner since the private respondents cannot seek any negative
    
      equality on the strength that similar such wrong was committed in respect of
    
      others and no punitive action has been taken against them.
    
    27.     Placing his reliance upon the judgment passed in the case of Madhya
    
      Pradesh Road Development Corporation Vs. Vincent Daniel & Ors.
    
      reported in 2025 INSC 408 it is submitted by Mr. Chakraborty that the
    
      Hon'ble Supreme Court had occasion to consider the methods of ascertaining
    
      the market value of the land such as (i) opinion of experts, (ii) the price paid in
    
      bona fide transactions for the purchase of adjacent lands having similar
    
      advantages and disadvantages and (iii) capitalization of the actual and
    
      immediate prospective annual profits from the land while determining land/ or
    
      computing the compensation payable under the Land Acquisition Act, 1894.
    
    28.     Drawing attention of this Court to page no. 91 of the paper-book being
    
      Annexure R2 of the affidavit-in-opposition of KMDA it is submitted by Mr.
    
      Chakraborty that from the contents of such annexure being a copy of the
    
      minutes of the meeting of the pricing committee held on 12.02.2009 it would
    
      reveal that on the day of allotment of the said two plots of land in favour of the
    
      private respondent no. 6 on 02.06.2008 there was no basis at all for fixation of
    
      premium amount and/or consideration payable to KMDA. It is thus submitted
    
    
                                          Page 15 of 61
       by Mr. Chakraborty that on account of such illegality and/or irrationality
    
      and/or arbitrariness on the part of the KMDA in favour of the private
    
      respondent nos. 5 and 6 there cannot be any hesitation to hold that the
    
      allotment of the aforementioned two plots of land in favour of the private
    
      respondents is violative of Article 14 of the Constitution of India and thus such
    
      allotment may be quashed by issuing appropriate writ/ writs.
    
    29.        Per contra, Mr. Dhar, learned Senior Advocate appearing on behalf of the
    
      private respondent nos. 5 and 6 in his usual fairness submits before this court
    
      that admittedly there is no quarrel to the settled principle of law that a State
    
      and/or its agencies/instrumentalities cannot give public largesse to any person
    
      according to the sweet will and whims of the political entities and further the
    
      decision of the Government in the matter of grant of largesse must be confined
    
      and structured by rational, relevant and non-discriminatory standard or norm
    
      and in the event any departure from the said principle is noticed, there cannot
    
      be any hesitation to hold that such a decision of the State is arbitrary in nature
    
      where from mala fide would be presumed and such an action is contrary to the
    
      settled principle of law as enshrined in the Article 14 of the Constitution of
    
      India.
    
    30.        Placing his reliance upon the judgment as passed in the case of Joydeep
    
      Mukharjee Vs. State of West Bengal & Ors. reported in (2011) 2 SCC 706 it
    
      is urged by Mr. Dhar that in the case of Joydeep Mukharjee (Supra) the
    
      Hon'ble Supreme Court while considering the legality, validity and correctness
    
      of the distribution of the plots of land under Chief Minister's discretion quota,
    
    
                                          Page 16 of 61
       recorded the State Government's conscious decision not to make further
    
      allotment under discretionary quota of the Chief Minister. However, by the self-
    
      same judgment, the Hon'ble Supreme Court noticing that the rights of the
    
      parties appeared to have been settled and attained finality in respect of the
    
      allotted plots under the said quota, declined to interfere with such settled
    
      rights and grants even in such public interest litigation. It is further submitted
    
      by Mr. Dhar that considering the fact that the private respondents and/or its
    
      members were allotted land on 02.06.2008 and also considering the fact that
    
      the rights of the members of the aforementioned cooperative society have been
    
      settled and attained finality with the passage of time, it would be highly unjust
    
      if any attempt is made to reopen and/or interfere with such settled rights and
    
      grants as has been done by the Supreme Court in a similar case that is in the
    
      case of Joydeep Mukharjee (Supra).
    
    31.     In course of his argument, Mr. Dhar draws attention of this Court to
    
      page nos. 98to 100 of the paper-book being part and parcel of the affidavit-in-
    
      opposition of the private respondent nos. 5 and 6. It is submitted by Mr. Dhar
    
      that from the averments made in paragraph 2(b) of the said affidavit-in-
    
      opposition it would reveal that in a similar manner land/lands were allotted in
    
      favour of various persons particulars of whom have been given by way of a
    
      chart however, the writ petitioner, claimed to be a public spirited person for
    
      some obvious reason targeted the private respondent nos. 5 and 6 who is/are
    
      the promoters of the aforementioned cooperative society which clearly indicates
    
      lack of bona fide on the part of the writ petitioner. It is further submitted that
    
    
                                         Page 17 of 61
       the omission to question the largesse in favour of various other persons/
    
      societies in the self-same year or immediately preceding or succeeding the said
    
      year of 2006 by the self-same authority that is KMDA deprives the writ
    
      petitioner for obtaining an equitable relief since such an action raises a serious
    
      doubt as to the bona fide of the writ petitioner which has been deprecated by
    
      the Hon'ble Supreme Court in the judgment as passed in the case of Aarsuday
    
      Projects & Infrastructure (P) Ltd. Vs. Jogen Chowdhury & Ors. reported in
    
      2026 SCC OnLine SC 122.
    
    32.     It is further submitted that during the pendency of the instant writ
    
      petition the writ petitioner filed IA No. CAN 1 of 2013 (Old CAN 10667 of 2013)
    
      whereby and whereunder a prayer was made for impleading the other allottees
    
      as party respondents who are similarly circumstanced with the private
    
      respondents but for the reason best known to the writ petitioner such an
    
      application has been 'not pressed' which again shows that the intention of the
    
      writ petitioner is calculative, selective and directed towards the present private
    
      respondents only.
    
    33.     In course of his submission, Mr. Dhar further draws attention of this
    
      Court to Section 17(2) of the West Bengal Cooperative Societies Act, 2006
    
      (hereinafter referred to as the said Act of 2006 in short) as well as to the Rule
    
      2(d) and 127 of the West Bengal Cooperative Societies Rules, 2011
    
      (hereinafter referred as the said Rules of 2011 for short). It is submitted that on
    
      conjoint perusal of the said section and the said rules it would reveal that the
    
      action of the respondent no. 6 being the Chief Promoter/ Chairman of the said
    
    
                                          Page 18 of 61
       cooperative society while submitting application for allotment shall be
    
      construed to be actions taken on behalf of the cooperative society after its
    
      registration and thus by no stretch of imagination, it can be said that there was
    
      any illegality or infirmity in making the application for allotment at the
    
      instance of the private respondent no. 6 even prior to registration of the said
    
      housing cooperative society.
    
    34.     In course of his submission, Mr. Dhar also places his reliance upon page
    
      nos. 91 to 94 of the paper-book being Annexure R2 of the affidavit-in-
    
      opposition of the respondent no. 1 KMDA. It is submitted that from the copy of
    
      the minutes dated 12.09.2009 it would reveal that the earlier pricing committee
    
      of KMDA fixed the price of land at the rate of Rs. 4 lakhs per cottah and thus,
    
      it would be preposterous to hold that while allotting the said plots of land there
    
      was no standard in fixation of price and/or consideration as wrongfully alleged
    
      by the writ petitioner.
    
    35.     Drawing further attention of this Court to the affidavit-in-opposition of
    
      the KMDA it is further submitted by Mr. Dhar that from the averments of the
    
      said affidavit-in-opposition it would reveal that in an earlier round of litigation
    
      before this Court the decision of the respondent no. 5 as CEO of KMDA was
    
      under challenge whereby and whereunder the private respondent no. 5 being
    
      the CEO of KMDA did not adhere to the prayer of the writ petitioner in WPA
    
      21739 of 2012 regarding cancellation of allotment of land at Plot no. 37. It is
    
      argued by Mr. Dhar that in the said earlier round of litigation, a coordinate
    
      Bench of this Court in a public interest litigation declined to interfere with the
    
    
                                          Page 19 of 61
       decision of the respondent no. 5 as CEO of KMDA and for the aforesaid reason
    
      only the present writ petitioner in the garb of public interest litigation targeted
    
      the allotment of land in favour of the aforementioned society wherein the
    
      private respondent no. 5 is a member. It is thus submitted by Mr. Dhar that
    
      the present writ petitioner has not approached this Court with clean heart,
    
      clean mind and clean objective which is/are sine-qua-non for a public interest
    
      litigation as has been held by the Hon'ble Supreme Court in the judgment in
    
      the case of Ashok Kumar Pandey Vs. State of W.B. reported in (2004) 3 SCC
    
      349.
    
    36.      Placing his reliance upon a judgment as passed by a Single Bench of this
    
      Court in the contempt case of Court on its own Motion: Re: Arunangshu
    
      Chakraborty reported in2025 SCC OnLine Cal 4718 it is further submitted
    
      by Mr. Dhar that in the said proceeding the present writ petitioner was found
    
      to be guilty of the offence punishable under Section 12 of the Contempt of
    
      Courts Act, 1971. It is further argued by Mr. Dhar that in the judgment in the
    
      case of Dattaraj Nathuji Thaware Vs. State of Maharashtra & Ors.
    
      reported in (2005) 1 SCC 590 the Hon'ble Supreme Court expressed its view
    
      that the Bar Councils and Bar Association should ensure that no member of
    
      the Bar becomes party as petitioner or in aiding and/or abetting files frivolous
    
      petitions carrying the attractive brand name of public interest litigation.
    
    37.      In his next limb of submission, Mr. Dhar submits before this Court that
    
      there occurred unexplained delay and laches on the part of the writ petitioner
    
      to approach this Court by way of filing public interest litigation challenging the
    
    
                                          Page 20 of 61
       allotment in favour of the private respondents in the year 2008 whereas the
    
      instant writ petition was filed in the year 2012. In support of his contention Mr.
    
      Dhar places his reliance on the judgments in the cases of Mrinmoy Maity Vs.
    
      Chhanda Koley & Ors. reported in (2024) 15 SCC 215, Chennai
    
      Metropolitan Water Supply and Sewerage Board & Ors. Vs. T.T. Murali
    
      Babu reported in (2014) 4 SCC 108, Rabindranath Bose & Ors. Vs. The
    
      Union of India & Ors. reported in (1970) 1 SCC 84 and New Delhi
    
      Municipal Council Vs. Pan Singh & Ors. reported in (2007) 9 SCC 278.
    
    38.     In course of his argument, Mr. Dhar further contended that Section 3(2)
    
      of the Kolkata Metropolitan Development Authority Act, 1972 (hereinafter
    
      referred to as the 'KMDA Act' in short) postulates that KMDA shall be a body
    
      corporate with perpetual succession and a common seal with power, subject to
    
      the provisions of the KMDA Act, to acquire, hold and dispose of the property
    
      and to contract and may sue and be sued in its name. It is thus submitted by
    
      Mr. Dhar that it is preposterous to suggest that the KMDA has no power to
    
      dispose of the said two plots in question in favour of the private respondent
    
      no.6 by virtue of the lease deed dated 23.10.2009.
    
    39.     Drawing attention to Section 14(1) of the KMDA Act it is further
    
      submitted by Mr. Dhar that the said section enables the KMDA to constitute as
    
      many committees for smooth transaction of business as may be determined by
    
      the regulations made in this behalf. Drawing attention to Section 22 of the
    
      KMDA Act it is further submitted by Mr. Dhar that the KMDA is empowered to
    
    
    
    
                                         Page 21 of 61
       make such regulations as it may think fit for the exercise of its power and
    
      discharge of its functions under the KMDA Act.
    
    40.     Drawing attention to page nos. 72 to 77 of the paper-book being a copy of
    
      the minutes of the 6th meeting of the Land and Flat Allotment committee
    
      (Annexure R-2 of the affidavit-in-opposition of KMDA) held on 20.05.2008 it is
    
      submitted by Mr. Dhar that in the said meeting the aforementioned committee
    
      recommended for allotment of a plot of land under 'group housing category' at
    
      East Kolkata Area Development Project ('EKADP' in short) at the existing rate,
    
      terms and conditions and on submission of affidavit. It is thus submitted that
    
      in view of the provisions of Sections 3(2), 21 and 14(1) of the KMDA Act, there
    
      was no occasion to hold that either the consideration of the committee of
    
      KMDA is not in accordance with law or the recommendations as have been
    
      done by the said committee pursuant to the regulations made by KMDA is
    
      contrary to the provisions of the KMDA Act.
    
    41.     It is further submitted by Mr. Dhar that the reported decisions as cited
    
      from the side of the writ petitioners are distinguishable from the facts and
    
      circumstances as involved in the instant writ petition. It is thus submitted on
    
      behalf of the private respondents that the instant writ petition may be
    
      dismissed.
    
    42.     Mr. Ashok Kumar Banerjee, learned Senior Advocate duly assisted by Mr.
    
      Talukdar, learned Advocate appearing on behalf of the KMDA at the very outset
    
      draws our attention to the affidavit-in-opposition as filed by the respondent no.
    
      1 KMDA as available at page nos. 57 to 95 of the paper-book. Drawing
    
    
                                         Page 22 of 61
       attention to the various averments made by the KMDA in the said affidavit-in-
    
      opposition, it is submitted by Mr. Banerjee that in such affidavit-in-opposition
    
      it has been specifically disclosed as to how Land and Flat committee of KMDA
    
      recommended for allotment of a plot of land in EKADP in favour of the private
    
      respondent no. 6, as well as other applicants as per the existing rate, terms
    
      and conditions and on compliance of required formalities.
    
    43.     It is further submitted by Mr. Banerjee that in absence of any denial
    
      and/or production of any contrary material, there is hardly any scope to come
    
      to a finding that the said allotment of plots at EKADP in favour of the private
    
      respondent no. 6 as well as in respect of other cooperative societies as well as
    
      other individuals/ persons are contrary to the KMDA Act. Drawing attention to
    
      page nos. 61 to 63 of the paper-book being the part and parcel of the affidavit-
    
      in-opposition of the KMDA it is further submitted by Mr. Banerjee that the writ
    
      petitioner has not approached this Court by filing the instant writ petition with
    
      clean heart, clean mind and clean objective in as much as sufficient materials
    
      have been placed before this Court by way of filing affidavit-in-opposition by
    
      the KMDA that the present petitioner who is a legal practitioner of this Court
    
      moved a writ petition for his client one Maya Majumder who is the writ
    
      petitioner in WPA 21739 of 2012 wherein he questioned the legality, propriety
    
      and correctness of the order dated 07.09.2012 as passed by the then Chief
    
      Executive Officer who is the respondent no. 5 herein whereby and whereunder
    
      the respondent no. 5 authority declined to cancel the allotment of Plot no. 37 in
    
    
    
    
                                         Page 23 of 61
       Block R, MIG-1, under BP Township Project on account of some inter-se
    
      dispute between the said Maya Majumder and her other family members.
    
    44.     It is further submitted by Mr. Banerjee that subsequently the present
    
      writ petitioner being the learned Advocate for the said Maya Majumder also
    
      filed and moved a public interest litigation being WPA 27307 (W) of 2012 which
    
      was also dismissed.
    
    45.     It is further submitted by Mr. Banerjee that sufficient materials have also
    
      been placed that since the present writ petitioner being the Learned Advocate
    
      of the said Maya Majumder has miserably failed to obtain a favourable order
    
      for his client, he with some oblique motive filed the instant writ petition
    
      challenging the allotment in favour of the said society since the respondent no.
    
      5 himself was a member of the said cooperative society and the private
    
      respondent no. 6 is the Chief Promoter/ Chairman.
    
    46.     It is further submitted by Mr. Banerjee that for the reason best known to
    
      him the writ petitioner in this public interest litigation and/or in any other
    
      litigation of similar nature made no endeavour to question the allotment as
    
      made by the said Committee in favour of the various persons/ cooperative
    
      societies by virtue of the minutes of meeting of the said Committee dated
    
      20.05.2008 and on the contrary, he has chosen the action of the KMDA in
    
      connection with the allotment of the plot of land in favour of the said society
    
      only because of the fact that the respondent no. 5 himself is a member of the
    
      said society.
    
    
    
    
                                         Page 24 of 61
     47.     Placing his reliance upon the judgment as passed in the case of Holicow
    
      Pictures (Pvt.) Ltd. Vs. Prem Chandra Mishra & Ors. reported in (2007) 14
    
      SCC 281 it is argued by Mr. Banerjee that in the judgment of Holicow
    
      Pictures (Supra) the Hon'ble Supreme Court discarded the practice of
    
      approaching the constitutional Court by filing public interest litigation which is
    
      basically in the nature of private interest litigation or politics interest litigation
    
      considering the fact that the person approaches the Court is/are not acting
    
      bona fide and having sufficient interest in the proceeding of public interest
    
      litigation. It is thus submitted by Mr. Banerjee that since the writ petitioner
    
      has miserably failed to prove his locus standi and in view of the fact that the
    
      writ petitioner has miserably failed to substantiate his bona fide in the instant
    
      public interest litigation, he is not entitled to any relief as prayed for.
    
    48.     Drawing attention to the order dated 27.11.2019 as passed by a Single
    
      Bench of this Court in CO 1244 of 2019 (Sri Gordhan Das Mundra Vs. Sri
    
      Partha Sarathi Paul) it is further submitted by Mr. Banerjee that in the said
    
      order dated 27.11.2019 a single Bench of this Court noticed that the present
    
      writ petitioner who is the advocate on behalf of the petitioner in CO 1244 of
    
      2019 made some unfounded and direct aspersion not only against an
    
      individual Judge but also against the highest judicial authority of the State. It
    
      is thus submitted by Mr. Banerjee that considering the background of the
    
      present writ petitioner and also considering the fact that the writ petitioner has
    
      approached this Court with some oblique consideration, the instant writ
    
      petition may be dismissed.
    
    
                                           Page 25 of 61
     49.     In course of his submission Mr. Banerjee further places reliance upon
    
      the judgment as passed by the Hon'ble Supreme Court in the case of State of
    
      Rajasthan Vs. Ganeshi Lal reported in AIR 2008 SC 690. He contends that
    
      since each case depends upon its own facts, the principle of ratio decidendi
    
      may be followed since a decision is an authority for what it actually decides
    
      and what is of the essence in a decision is its ratio and not every observation
    
      found therein nor what logically flows from the various observations made in
    
      the judgment. It is further submitted by Mr. Banerjee that within the four
    
      corners of the instant writ petition, no cogent explanation has been furnished
    
      by the writ petitioner for challenging the allotment in favour of the said
    
      Committee 4 years after such allotment and on account of such unexplained
    
      delay and laches on the part of the writ petitioner, the writ petition may be
    
      dismissed.
    
    50.     Learned Advocate appearing on behalf of the respondent State adopted
    
      the argument of Mr. Banerjee. He prays for dismissal of the instant writ
    
      petition.
    
    51.     In course of his reply, Mr. Chakraborty again placed his reliance upon
    
      the reported judgment of Akhil Bhartiya Upbhokta Congress (Supra). It is
    
      submitted by Mr. Chakraborty that in paragraphs 80 and 81 of the said
    
      reported decision, the Hon'ble Supreme Court observed that even if a person
    
      files a writ petition for vindication of a private interest but raises question of
    
      public importance involving exercise of power by men in authority then it is the
    
      duty of the Court to enquire into the matter. It is further submitted by Mr.
    
    
                                         Page 26 of 61
       Chakraborty that sufficient materials have been placed before this Court that
    
      the impugned allotment is the outcome of an exercise undertaken by KMDA in
    
      gross violation of Article 14 of the Constitution of India and thus, this Court
    
      must not be hesitant to quash such allotment since it has been shown by the
    
      writ petitioner that such allotment is a glaring example of favouritism and
    
      nepotism.
    
    52.     It is further submitted by Mr. Chakraborty that since the minutes of the
    
      meeting dated 20.05.2008 were never published, there was no occasion on the
    
      part of the writ petitioner to come across the resolutions taken in the said
    
      meeting and thus the allegation of the KMDA as well as of the private
    
      respondents regarding abandonment of the writ petitions against other
    
      beneficiaries is not at all relevant especially on account of long passage of time.
    
      In this regard, Mr. Chakraborty places his reliance upon the judgment dated
    
      22/23.04.2013 as passed by a coordinate Bench of this Court in WP24542 (W)
    
      of 2010.
    
    53.     In course of his argument, Mr. Chakraborty made an attempt to
    
      distinguish obiter dicta and ratio decidendi by placing reliance upon the
    
      judgment dated 24.04.2023 as passed by the Hon'ble Supreme Court of India
    
      in Special Leave to Appeal (C) Nos. 7455-7456/2023 (Career Institute
    
      Educational Society Vs. Om Shree Thakurji Educational Society) wherein
    
      the Hon'ble Supreme Court expressed the following view:
    
                       "The distinction between obiter dicta and ratio
                  decidendi in a judgment, as a proposition of law, has been
                  examined by several judgments of this Court, but we would
                  like to refer to two, namely, State of Gujarat & Ors. vs.
                                          Page 27 of 61
                  Utility Users' Welfare Association &Ors. and Jayant Verma
                 & Ors. vs. Union of India & Ors.
                 The first judgment in State of Gujarat (supra) applies, what
                 is called, "the inversion test" to identify what is ratio
                 decidendi in a judgment. To test whether a particular
                 proposition of law is to be treated as the ratio decidendi of
                 the case, the proposition is to be inversed, i.e. to remove
                 from the text of the judgment as if it did not exist. If the
                 conclusion of the case would still have been the same even
                 without examining the proposition, then it cannot be
                 regarded as the ratio decidendi of the case.
                 In Jayant Verma (supra), this Court has referred to an
                 earlier decision of this Court in Dalbir Singh & Ors. vs. State
                 of Punjab to state that it is not the findings of material facts,
                 direct and inferential, but the statements of the principles of
                 law applicable to the legal problems disclosed by the facts,
                 which is the vital element in the decision and operates as a
                 precedent. Even the conclusion does not operate as a
                 precedent, albeit operates as res judicata. Thus, it is not
                 everything said by a Judge when giving judgment that
                 constitutes a precedent. The only thing in a Judge's decision
                 binding as a legal precedent is the principle upon which the
                 case is decided and, for this reason, it is important to
                 analyse a decision and isolate from it the obiter dicta."
    
    54.     While replying to the alleged delay and laches on the part of the writ
    
      petitioner Mr. Chakraborty draws attention of this Court to page nos. 22 to 24
    
      of the paper-book being a copy of the letter dated 19.05.2012 as written by the
    
      writ petitioner addressed to the respondent authorities requesting the said
    
      authorities to take appropriate steps for cancellation of the allotment on the
    
      ground stated therein.
    
    55.     It is thus submitted that on account of non-action and/or inaction on
    
      the part of the respondent authorities to take appropriate decision with regard
    
      to the representation dated 19.05.2002 as submitted by the writ petitioner, the
    
      instant writ petition is filed and thus by no stretch of imagination it can be said
    
    
                                           Page 28 of 61
       that there was unexplained delay and laches on the part of the writ petitioner
    
      in filing the writ petition as wrongly alleged.
    
    56.     Placing his reliance upon the judgment as passed by the Hon'ble
    
      Supreme Court in the case of New India Assurance Company Ltd. Vs.
    
      Sonigra Juhi Uttamchand reported in (2025) 3 SCC 23 it is submitted that it
    
      is trite that when a principle of law is enunciated in a decision by a
    
      constitutional Court it is applicable to all cases irrespective of the stage of
    
      pendency thereof. It is thus submitted by Mr. Chakraborty that for the sake of
    
      argument even if it is assumed that the Hon'ble Supreme Court has framed
    
      and/or enunciated a principle of law regarding largesse of Government land
    
      during the pendency of the instant writ petition, the said principle of law duly
    
      applies in such pending litigation. It is further submitted by Mr. Chakraborty
    
      that materials have been placed before this Court that KMDA for the reason
    
      best known to them failed and neglected to disclose all the necessary facts
    
      before this Court which tantamount to fraud as have been held in the case of
    
      Union of India & Ors. Vs. Ramesh Gandhi reported in (2012) 1 SCC 476 as
    
      well as in the case of Gopal Krishnaji Ketkar Vs. Mohamed Haji Latif &
    
      Ors. reported in 1968 SCC OnLine SC 63 : AIR 1968 SC 1413.
    
    57.     We have meticulously gone through the entire materials as placed before
    
      us. We have given our due consideration over the submissions of the learned
    
      Advocates for the contending parties.
    
    58.     Since in course of his argument Mr. Chakraborty was very vocal with
    
      regard to the authority of the KMDA to allot land in favour of the private
    
    
                                           Page 29 of 61
       respondent no. 6 being the Chief Promoter/ Chairman of the said society, we at
    
      the very outset propose to look to the preamble of the KMDA Act which reads
    
      as under:
    
                  "An Act to provide for the establishment of an Authority for
                  the formulation and execution of plans for the development
                  of the Calcutta Metropolitan Area, for the co-ordination and
                  supervision of the execution of such plans and for matters
                  connected therewith or incidental thereto;"
    
    59.     Section 3 of the KMDA Act is also required to be looked into and the
    
      same is quoted hereinbelow in verbatim:
    
                  "3. (1) As soon as may be after the commencement of this
                  Act, the State Government shall, by notification in the
                  Official Gazette, constitute, for the purposes of this Act, an
                  authority to be called the Calcutta Metropolitan
                  Development Authority (hereinafter referred to as the
                  Metropolitan Authority).
                      (2) The Metropolitan Authority shall be a body
                  corporate with perpetual succession and a common seal
                  with power, subject to the provisions of this Act, to acquire,
                  hold and dispose of property, and to contract, and may
                  sue and be sued in its name."
    
    60.     Section 22 of the KMDA Act is also reproduced hereinbelow in verbatim:
    
                      "22.The Metropolitan Authority may make such
                  regulations as it may think fit for the exercise of its powers
                  and discharge of its functions under this Act."
    
    61.     On careful perusal of the aforementioned legislative provisions it appears
    
      to us that it is the intention of the legislature while enacting KMDA Act that
    
      KMDA would be a body corporate with perpetual succession and a common
    
      seal with power to acquire, hold and dispose of the property and to contract
    
      and may sue and be sued in its name. At this juncture, if we look to the factual
    
      aspects as involved in the instant writ petition, it appears to us that while
    
    
                                          Page 30 of 61
       executing a deed of lease dated 23.10.2009 in favour of the said society, the
    
      KMDA had every authority to execute such deed of lease in favour of the said
    
      society as such power is given to the KMDA by the legislatures while enacting
    
      KMDA Act.
    
    62.     It thus appears to us that the contention of Mr. Chakraborty that in
    
      respect of the aforementioned two plots of land the KMDA is mere trustee and
    
      thus has no power to dispose of the same in favour of any third party, has no
    
      force at all since the KMDA Act authorizes KMDA not only to make formulation
    
      and execution of plans for the development of the said project but also KMDA
    
      possessed sufficient authority to dispose of the said developed project and to
    
      that extent the KMDA is quite competent to enter into a contract.
    
    63.     In course of hearing Mr. Chakraborty was also very vocal with regard to
    
      the alleged violation of the provisions of the said Act of 2006. It is submitted by
    
      Mr. Chakraborty that the allotment as has been done in favour of the
    
      respondent no. 6 and/or the said society is per se illegal in as much as the
    
      KMDA had failed to notice that the said allotment of land was made even prior
    
      to the formation and registration of the cooperative society which was however
    
      opposed by Mr. Dhar, learned Senior Advocate for the private respondents in
    
      course of his argument. In order to arrive at a logical conclusion with regard to
    
      alleged violation of the said Act of 2006 at the instance of the respondent no. 6
    
      and/or the said society, we propose to look to some of the provisions of the said
    
      Act of 2006.
    
    64.     Section 17 of the said Act of 2006 is quoted hereinbelow in verbatim:
    
    
                                          Page 31 of 61
                 "17. Co-operative society to be body corporate.-(1) The
                registration of a co-operative society shall render it a body
                corporate by the name under which it is registered, having
                a perpetual succession and a common seal and the co-
                operative society shall be entitled to acquire, hold and
                dispose of property, to enter into contracts on its behalf, to
                institute and defend suits and other legal proceedings, and
                to do all other things necessary to achieve its objectives.
                (2) All transactions entered into in good faith prior to
                registration of the purposes of the co-operative, shall be
                deemed to be transactions of the co-operative society after
                registration."
    
    65.   Section 87 of the said Act of 2006 is as under:
    
                "87. Eligibility for membership of housing co-
                operative society.-
                (1)..........
                (2) No person shall be admitted as a member or function as
                an organiser of a housing co-operative society until he has
                made a declaration to be sworn by him before an
                Executive Magistrate or Judicial Magistrate in accordance
                with the requirements specified in clauses (a) to (f) of sub-
                section (1):
                Provided that if such declaration is subsequently found to
                be false in whole or in part, it shall be an offence
                punishable under this Act."
    
    66.   Section 88 of the said Act of 2006 is as under:
    
    
                "88. Type of housing co-operative societies to be
                registered.--Housing co-operative societies of the following
                types may be registered under section 16:-
                (a) a housing co-operative society of which all the members
                eligible under section 87 have purchased a consolidated
                land for the purpose of construction of unit houses on
                separate plots which shall be allotted by the co-operative
                society and the common services and amenities shall be
                provided by the co-operative society to all members who
                may construct their houses either on their own or through
                the co-operative society:
                Provided that the members opting for construction of
                houses on their own must undertake construction within
                three years from the date of possession, failing which he
    
    
                                        Page 32 of 61
                 shall surrender the plot of land in favour of the co-
                operative society:
                Provided further that if he does not surrender, it shall be
                deemed to have been surrendered by him and the price of
                land shall be refunded to him by the co-operative society
                which may re-allot the plot to a new member;
                (b) a housing co-operative society of which all members
                eligible under section 87 have purchased a consolidated
                land for construction of flats which shall be allotted to each
                of them by the co-operative society and maintenance,
                common services and amenities to all members will be
                provided by the co-operative society;
                (c) a housing co-operative society of which all the members
                eligible under section 87 are the owners of the flats in any
                building constructed or under construction by any
                authority or agency and have entered into an agreement to
                form the co-operative society for providing maintenance,
                common services and amenities to all members."
    
    67.   Section 89 of the said Act of 2006 is as under:
    
                "89. First general meeting of housing co-operative
                society.-(1)     Notwithstanding     anything    contained
                elsewhere in this Act, the first board of the housing co-
                operative society shall, within three months from the date
                of registration under section 16, call the first general
                meeting of the housing co-operative society for the
                purposes of-
                (a) electing directors of new board;
                (b) placing a report on progress of work and other
                particulars relating to the project of the co-operative
                housing society;
                (c) apportionment of cost of land, house or flat, if
                applicable;
                (d) placing a report of fund raised from the members,
                expenses incurred under various heads prior to, and after
                registration, any resignation and enrolment of members,
                latest estimate of the project cost and manner of payment
                towards cost of construction;
                (e) appointing architects, contractors and valuers:
                Provided such appointment shall be made after inviting
                application for the same through a daily newspaper, if
                applicable:
                Provided further that no person acting as an architect or
                contractor or valuer shall act as any of the other two;
    
                                        Page 33 of 61
                   (f) revising allotment of plots of land or flats on the basis of
                  draw of lots if there is any change in the sanctioned plan
                  of the housing project, if applicable:
                  Provided that if the sanctioned plan is not received before
                  the general meeting, the revision of allotment, if any shall
                  be considered in the next annual or half yearly or special
                  general meeting.
                     (2)..................."
    
    68.     At this juncture, if we look to page 15 of the paper-book being a copy of
    
      the letter dated 12.05.2008, it appears that the private respondent no. 6 being
    
      the Chief Promoter of the said society under cover of his letter dated
    
      12.05.2008 made an application before the Hon'ble MIC of the Department of
    
      Municipal Affairs and Urban Development and Chairman of KMDA for
    
      allotment of land in favour of a proposed cooperative housing society to be
    
      formed by a group of 8 officers and professionals who were desirous of settling
    
      down in Kolkata. On perusal of page nos. 16 to 18 of the paper-book being a
    
      copy of the letter dated 02.06.2008 as written by the Special Secretary of
    
      KMDA addressed to the private respondent no. 6 it reveals further that the
    
      private respondent no. 6 was intimated that pursuant to his application the
    
      aforementioned two plots at EKADP were allotted in favour of the proposed
    
      housing cooperative society for the purpose of construction of residential plots.
    
      It further reveals from page no. 20 of the paper-book that on 08.10.2009, the
    
      possession of the aforementioned two plots were given to the private
    
      respondent no. 6 being the Chief Promoter of the said Society. On perusal of
    
      page no. 123 of the paper-book being Annexure R-2 of the affidavit-in-
    
      opposition of the private respondent nos. 5 and 6 it reveals that the competent
    
    
                                           Page 34 of 61
       authority forwarded a certificate of registration and by-laws of the said society
    
      under cover of a letter dated 14.09.2009.
    
    69.     At this juncture, the moot question arises for consideration is as to
    
      whether submission of an application by the Chief Promoter of the said
    
      proposed society for allotment of plot of land prior to the registration of the said
    
      society and the allotment of land by the KMDA in favour of a proposed society
    
      (which is yet to be registered) in any way contravenes the provisions of the said
    
      Act of 2006.
    
    70.     On careful perusal of the aforementioned statutory provisions of the said
    
      Act of 2006 as quoted in the preceding paragraph it does not appear to us that
    
      prior to making an application for allotment of land by the Chief Promoter of a
    
      cooperative housing society registration of such society under the said Act of
    
      2006 is mandatory. It rather appears to us that Section 17(2) of the said Act of
    
      2006 clearly mandates that all transactions entered into in good faith prior to
    
      the registration of the purposes of the cooperative society deemed to be
    
      transactions of the cooperative society after its registration. On perusal of the
    
      letter of allotment dated 02.06.2008, the certification of possession dated
    
      08.10.2009, the copy of the registered deed of lease dated 23.10.2009 and the
    
      letter dated 14.09.2009 as mentioned in the foregoing paragraphs it appears
    
      that though letter of allotment and certificate of possession were given by the
    
      KMDA in favour of the private respondent no. 6 prior to registration of the said
    
      cooperative society however, the said deed of lease was executed and registered
    
    
    
    
                                          Page 35 of 61
       on 23.10.2009 that is after registration of the said cooperative society which
    
      was effected on or before 14.09.2009.
    
    71.       In view of the chronology of events and in view of the discussion made
    
      hereinabove this Court thus finds that the present writ petitioner has
    
      miserably failed to establish that action of the KMDA and/or of the private
    
      respondent no. 6 are contrary to the provisions of the said Act of 2006.
    
    72.       Since the writ petitioner in the instant public interest litigation had
    
      alleged infraction of rules on the part of the KMDA while allotting the
    
      aforementioned two plots of land in favour of the private respondent No.6
    
      and/or the said society, we at the very outset propose to look to the law of land
    
      regarding distribution of public largesse. In the reported judgment of Lok
    
      Prahari (Supra) the Hon'ble Supreme Court had occasion to deal with U.P. Ex
    
      Chief Minister's Resident Allotment Rule, 1997 which permitted the Ex Chief
    
      Ministers to continue in occupation of Government Bunglows for lifetime after
    
      demitting office. In doing so the Hon'ble Supreme Court expressed the following
    
      view:
    
                 "46. ......... One should remember here that public property
                   cannot be disposed of in favour of any one without
                   adequate consideration. Allotment of government property
                   to someone without adequate market rent, in absence of
                   any special statutory provision, would also be bad in law
                   because the State has no right to fritter away government
                   property in favour of private persons or bodies without
                   adequate consideration and therefore, all such allotments,
                   which have been made in absence of any statutory
                   provision cannot be upheld. If any allotment was not made
                   in accordance with a statutory provision at the relevant
                   time, it must be discontinued and must be treated as
                   cancelled and the State shall take possession of such
                   premises as soon as possible and at the same time, the
                                         Page 36 of 61
                   State should also recover appropriate rent in respect of
                  such premises which had been allotted without any
                  statutory provision."
    
    73.     In the reported decision of Dipak Babaria (Supra) the Hon'ble Supreme
    
      Court while dealing with the subject of largesse expressed thus:
    
    
               "61. It is well settled that where the statute provides for a
                 thing to be done in a particular manner, then it has to be
                 done in that manner and in no other manner. This
                 proposition of law laid down in Taylor v. Taylor [(1875) LR
                 1 Ch D 426 at p. 431] was first adopted by the Judicial
                 Committee in Nazir Ahmad v. King Emperor [(1935-36) 63
                 1A 372: (1936) 44 LW 583: AIR 1936 PC 253] and then
                 followed by a Bench of three Judges of this Court in Rao
                 Shiv Bahadur Singh v. State of Vindhya Pradesh [AIR
                 1954 SC 322: 1954 Cri LJ 910]. This proposition was
                 further explained in para 8 of State of U.P. v. Singhara
                 Singh [AIR 1964 SC 358: (1964) 1 Cri LJ 263 (2)] by a
                 Bench of three Judges in the following words: (AIR p. 361)
    
                       "8. The rule adopted in Taylor v. Taylor [(1875)
                       LR 1 Ch D 426 at p. 431] is well recognised and
                       is founded on sound principle. Its result is that if
                       a statute has conferred a power to do an act and
                       has laid down the method in which that power
                       has to be exercised, it necessarily prohibits the
                       doing of the act in any other manner than that
                       which has been prescribed. The principle behind
                       the rule is that if this were not so, the statutory
                       provision might as well not have been enacted."
                  This proposition has been later on reiterated in Chandra
                  Kishore Jha v. Mahavir Prasad [(1999) 8 SCC 266],
                  Dhanajaya Reddy. v. State of Karnataka [(2001) 4 SCC
                  9:2001 SCC (Cri) 652] and Gujarat Urja Vikas Nigam Ltd.
                  v. Essar Power Ltd. [(2008) 4 SCC 755]."
    
    74.     In the reported decision of Akhil Bhartiya Upbhokta Congress (Supra)
    
      the Hon'ble Supreme Court had again occasion to consider the principle
    
      regarding largesse by the State and in doing so the following was held:
    
    
    
                                          Page 37 of 61
     "65. What needs to be emphasised is that the State and/or
      its agencies/instrumentalities cannot give largesse to any
      person according to the sweet will and whims of the
      political entities and/or officers of the State. Every
      action/decision     of     the      State      and/or     its
      agencies/instrumentalities to give largesse or confer
      benefit must be founded on a sound, transparent,
      discernible and well-defined policy, which shall be made
      known to the public by publication in the Official Gazette
      and other recognised modes of publicity and such policy
      must be implemented/executed by adopting a non-
      discriminatory and non-arbitrary method irrespective of
      the class or category of persons proposed to be benefited
      by the policy. The distribution of largesse like allotment of
      land, grant of quota, permit licence, etc. by the State and
      its agencies/instrumentalities should always be done in a
      fair and equitable manner and the element of favouritism
      or nepotism shall not influence the exercise of discretion, if
      any, conferred upon the particular functionary or officer of
      the State.
    
    66. We may add that there cannot be any policy, much less,
      a rational policy of allotting land on the basis of
      applications made by individuals, bodies, organisations or
      institutions dehors an invitation or advertisement by the
      State or its agency/instrumentality. By entertaining
      applications made by individuals, organisations or
      institutions for allotment of land or for grant of any other
      type of largesse the State cannot exclude other eligible
      persons from lodging competing claim. Any allotment of
      land or grant of other form of largesse by the State or its
      agencies/instrumentalities by treating the exercise as a
      private venture is liable to be treated as arbitrary,
      discriminatory and an act of favouritism and/or nepotism
      violating the soul of the equality clause embodied in Article
      14 of the Constitution.
    
    67. This, however, does not mean that the State can never
      allot land to the institutions/organisations engaged in
      educational, cultural, social or philanthropic activities or
      are rendering service to the society except by way of
      auction. Nevertheless, it is necessary to observe that once
      a piece of land is earmarked or identified for allotment to
    
                              Page 38 of 61
                   institutions/organisations engaged in any such activity,
                  the actual exercise of allotment must be done in a manner
                  consistent with the doctrine of equality. The competent
                  authority should, as a matter of course, issue an
                  advertisement incorporating therein the conditions of
                  eligibility so as to enable all similarly situated eligible
                  persons, institutions/organisations to participate in the
                  process of allotment, whether by way of auction or
                  otherwise. In a given case the Government may allot land
                  at a fixed price but in that case also allotment must be
                  preceded by a wholesome exercise consistent with Article
                  14 of the Constitution."
                                                   [Emphasis Supplied by us]
    
    75.     In the reported decision of Humanity & Anr. (Supra) the Hon'ble
    
      Supreme Court while considering the matter of granting largesse in the light of
    
      Article 14 of the constitution of India expressed the following view:
    
    
                "23. It has been repeatedly held by this Court that in the
                  matter of granting largesse, the Government has to act
                  fairly and without even any semblance of discrimination.
                  Law on this subject has been very clearly laid down by
                  this Court in Ramana Dayaram Shetty v. International
                  Airport Authority of India. A three-Judge Bench in the said
                  decision has recognised that the Government, in a welfare
                  State, is in a position of distributing largesse in a large
                  measure and in doing so the Government cannot act at its
                  pleasure. This Court perusing the new jurisprudential
                  theory of Professor Reich in his article on "The New
                  Property" accepted the following dictum contained therein:
                  (SCC p. 505, раrа 11)
    
                       "11. ........ That Government action be based on
                          standards      that   are    not    arbitrary     or
                          unauthorised."
                *******************************************************************
                "25. In Kasturi Lal Lakshmi Reddy v. State of J&K another
                   three-Judge Bench relied on the dictum in Ramana¹ and
                   held that whenever any governmental action fails to
                   satisfy the test of reasonableness and public interest, it is
                   liable to be struck down as invalid. This Court held that a
                   necessary corollary of this proposition is that the
                   Government cannot act in a manner which would benefit a
    
                                           Page 39 of 61
                   private party. Such an action will be contrary to public
                  interest. (See SCC p. 13, para 14 of the Report.) kathas
                  (which is actually 63.04 kathas)."
               *******************************************************************
               "30. Admittedly, no advertisement was issued and no offer
                  was sought to be obtained from the members of the public
                  in respect of the new allotment of a much bigger plot. In
                  view of the principles laid down by this Court, the
                  impugned allotment is clearly in breach of the principles of
                  Article 14 explained by this Court in Ramana, Kasturi Lal
                  and other subsequent cases."
    
    76.     In the reported decision of Saroj Screens Pvt. Ltd. (Supra) the Hon'ble
    
      Supreme Court had again occasion to consider the law regarding largesse and
    
      in doing so the following views were expressed:
    
              "32. Though, the exercise of power by the Corporation under
                 the aforesaid section is not hedged with any particular
                 condition except that in a case like the present one, the
                 alienation could not have been made without the previous
                 sanction of the State Government, but in our constitutional
                 scheme compliance with the doctrine of equality enshrined
                 in Article 14 of the Constitution has to be read as a
                 condition precedent for exercise of power by the State
                 Government and the Corporation, more so, when it relates
                 to alienation of public property or any right or interest
                 therein. In this context, it is necessary to emphasise that
                 the Corporation holds the property as a trustee of the
                 public and any alienation of such property or any right or
                 interest therein otherwise than by way of auction or by
                 inviting bids would amount to breach of that trust.
              33. The concept of the "State" as it was known before the
                 commencement of the Constitution and as it was
                 understood for about two decades after 26-1-1950 has
                 undergone drastic change in recent years. Today, the State
                 cannot be conceived of simply as a coercive machinery
                 wielding the thunderbolt of authority. Now the Government
                 is a regulator and dispenser of special services and
                 provides to the large public benefits including jobs,
                 contracts, licences, quotas, mineral rights, etc. The law has
                 also recognised changing character of the governmental
                 functions and the need to protect individual interest as
                 well as public interest. The discretion of the Government
    
                                          Page 40 of 61
                   has been held to be not unlimited. The Government cannot
                  give or withhold largesse in its arbitrary discretion or
                  according to its sweet will. The Government cannot now
                  say that it will transfer the property (land, etc.) or will give
                  jobs or enter into contracts or issue permits or licences only
                  in favour of certain individuals.
              34. In V. Punnen Thomas v. State of Kerala, K.K. Mathew, J.
    

    (as he then was) observed: (AIR p. 90, para 19)
    “19…….the Government is not and should not be as
    free as an individual in selecting the recipients
    for its largesse. Whatever its [activities,] the
    Government is still the Government and will be
    subject to restraints, inherent in its position in a
    democratic society. A democratic Government
    cannot lay down arbitrary and capricious
    standards for the choice of persons with whom
    alone it will deal.”

    [Emphasis Supplied]

    SPONSORED

    77. In the reported decision of Dr. Rao, V.B.J. Chelikani (Supra) the

    Hon’ble Supreme Court while scrutinizing the legality, validity and correctness

    of the allotment policy of the Government of Andhra Pradesh in the light of

    Article 14 of the Constitution of India expressed the following view:

    “76. The category of people who have been identified as
    beneficiaries of this State largesse as “other deserving
    sections of the society” are: Judges of the Supreme Court
    and High Court, MPs, MLAs, journalists, State and Central
    Government employees. It would be apt to note that, not
    only are these classes of people being allotted land
    preferentially, the price of such land is also discounted to
    the basic rate, instead of the prevalent market rate.

    77. The State of Telangana, in its defence, has contended
    that the abovementioned category of people forms a
    distinct class. However, we have already enunciated
    above that, not only must a distinct classification exist but
    such classification should not be arbitrary, artificial or
    artful, and should be rationally tailored to serve the
    objective.

    Page 41 of 61

    78. In the present case, the principle of arbitrariness, as
    expounded in E.P. Royappa v. State of Tamil Nadu in its
    puritan form, is applicable. The classification giving State
    largesse to Judges of Constitutional Courts, MPs, MLAs,
    officers of the AIS, journalists, etc. favours a privileged
    segment of society, which is already better off compared to
    the vast majority of marginalized and socio-economically
    disadvantaged individuals. The benefits granted to these
    privileged and well-off classes come at a cost, as they
    effectively deprive and deny the essentials to the
    marginalized and socially vulnerable populations.

    79. The allocation of land at basic rates to select privileged
    groups reflects a “capricious” and “irrational” approach.
    This is a classic case of executive action steeped in
    arbitrariness, but clothed in the guise of legitimacy, by
    stating that the ostensible purpose of the policy was to
    allot land to “deserving sections of society”. Shorn of
    pretence, this policy of the State Government, is an abuse
    of power meant to cater exclusively to the affluent sections
    of the society, disapproving and rejecting the equal right to
    allotment of the common citizen and the socio-economically
    disadvantaged. It would not be wrong to say that the
    doctrine of manifest arbitrariness, as expounded in
    Shayara Bano v. Union of India is applicable.”

    [Emphasis Supplied]

    78. Keeping in mind the proposition of law in relation to largesse as

    enunciated by the Hon’ble Supreme Court of India in the aforesaid reported

    decisions, if we look to the page nos. 134 to 147 of the paper-book being

    Annexure R-1 of the rejoinder of the writ petitioner against the affidavit of the

    private respondent nos. 5 and 6 being a copy of a brochure for allotment of

    residential plots at East Kolkata Township Phase-1, it reveals that the KMDA

    has decided to select the beneficiary by a mode as has been mentioned therein

    and the same is quoted hereinbelow in verbatim:

    “Mode of Selection of Beneficiary
    Initially selection/lottery will be based on the number of
    applications received against the number of plots

    Page 42 of 61
    available. If the number of applications received are more
    than the number of plots available a lottery will be held on
    a subsequent date and venue to be announced in leading
    daily newspapers. All applications will be scrutinized
    subsequently and final selection/allotment will rest on the
    applicant’s fulfilling the prescribed conditions of eligibility.”

    It thus appears to us that in the said ‘brochure’ the KMDA has expressed

    its intention to entertain more than one application for a plot/plots of land and

    not to entertain one application without following the due process.

    79. It further appears from page no. 140 of the paper-book that the KMDA in

    no uncertain terms indicated in the said brochure that all applications must be

    in the prescribed application format attracted to the said brochure. At this

    juncture, if we look to the copy of the application dated 12.05.2008 as has

    been submitted by the private respondent no. 6 in the capacity of the Chief

    Promoter of the said society being an application for allotment of plot of land, it

    appears that such an application has been made in a plain paper though the

    brochure as published by the KMDA clearly indicates that such an application

    must be made in the prescribed format as has been annexed to the said

    brochure. It further appears that such an application dated 12.05.2008

    (though not in prescribed format) was duly processed and soon thereafter that

    is on 02.06.2008 the special Secretary of the KMDA issued allotment letter in

    respect of the aforementioned two plots of land in favour of the said society. No

    advertisement was issued inviting applications.

    80. In course of his argument Mr. Banerjee, learned Senior Advocate

    appearing on behalf of the KMDA however could not explain as to how and why

    the said application dated 12.05.2009 was processed and thereafter a
    Page 43 of 61
    favourable recommendation has been made in favour of the private respondent

    no. 6 being the Chief Promoter of the said society. We have already noticed that

    Section 22 of the KMDA Act empowers the KMDA to make its own regulation as

    it think fit for the exercise of its power and discharge of its function under the

    said Act. There is no doubt in the mind of this Court that KMDA published the

    aforementioned ‘brochure’ in order to regulate itself which prescribes that all

    applications for allotment of land shall have to be made in the prescribed

    format. It thus appears to us that the KMDA had failed to advance any logical

    explanation as to why being an authority under Article 12 of the Constitution it

    has made a departure from its own regulation especially in the case of largesse

    in favour of the private respondent no. 6 being the Promoter of the said

    cooperative society.

    81. In view of the discussion made hereinabove, this Court has no hesitation

    to hold that the action of the KMDA is contrary to the settled principle of law as

    has been held in the case of Dipak Babaria (Supra) wherein it has been

    specifically held by the Hon’ble Supreme Court that where the statute provides

    for a thing to be done in a particular manner, then it has to be done in that

    manner and in no other manner.

    82. At this juncture, we again propose to look to Annexure R-2 of the

    affidavit-in-opposition of the KMDA as available at page nos. 69 to 71 of the

    paper-book being a copy of the minutes of the 154 th authority meeting of the

    KMDA held on 12.12.2007 wherein the following decisions have been taken:

    “The land and flat allotment policy was ratified with the
    following amendments:

    Page 44 of 61

    1. Special allotments of HIG and MIG residential plots
    may be made by the authority to distinguished
    personalities from the field of art and craft and
    public service besides sportspersons and war
    widows.

    2. Special allotments of group housing plots may also
    be made for sportspersons, war widows,
    distinguished personals from the field of art and
    craft and public service.

    3. Special allotments of residential plots to land losers
    may be made in case projects of KMDA are
    suffering due to non resolution of land acquisition
    related issues.

    Action- Special Secretary, KMDA D.S.(W), KMDA.”

    [Emphasis Supplied]

    83. In order to arrive at a logical conclusion of the instant public interest

    litigation we also propose to look to the agenda no. 7 of the minutes of the 6 th

    meeting of the Land and Flat Allotment Committee held on 20.05.2008 as

    available at page nos. 32 to 35 as well as in page nos. 74 to 78 of the paper-

    book. It reveals that in the said meeting dated 20.05.2008 the following

    decision has been taken:

                 Sl.       Name of the                   Recommendation
                 No.     Company/ Agency
    
    

    2. Sri Vivek Bharadwaj & The Committee recommended
    others. for allotment of a plot of land
    under group housing category
    at EKADP at the existing rate,
    terms & conditions and on
    submission of Affidavit.

    84. It thus appears to us that the Land and Flat Allotment Committee of the

    KMDA while allotting the aforementioned two plots of land in favour of the

    private respondent no. 6 though recommended for such allotment however, in

    Page 45 of 61
    making such recommendation the said Committee of the KMDA made no

    venture to indicate that such allotment has been made as and by way of

    ‘special allotments’ of group housing plots for sports persons, war widows and

    distinguished personalities from the field of art, craft and public service. It thus

    appears to this Court that the Land and Flat Allotment Committee of the KMDA

    itself violated the decision of the KMDA as has been taken in its 154 th authority

    meeting. Putting it differently, it was not spelled out to which category the

    private respondent fits in.

    85. It thus appears to us that while making such recommendation in favour

    of the private respondent no. 6 the said Committee of the KMDA not only

    violated its own regulations, but also violated the settled principle of law

    regarding largesse even being an authority within the meaning of Article 12 of

    the Constitution of India. In view of the discussion made hereinabove we are

    unable to accept the contention of Mr. Banerjee that such an action of the

    KMDA tantamounts to mere irregularity but not an illegality as alleged the writ

    petitioner.

    86. In our considered view, the argument as advanced by Mr. Banerjee has

    got no significance in as much as it is trite that if any allotment was made not

    in accordance with a statutory provision, it must be discontinued and must be

    treated as cancelled and the State shall take possession of such premises as

    soon as possible as has been held in the case of Lok Prahari (Supra).

    87. In view of the discussion made hereinabove, this Court has got no

    hesitation to hold that the allotment of the aforementioned two plots of land in

    Page 46 of 61
    favour of the private respondent No.6 and/or in favour of the said society has

    been done not in fair and equitable manner and thus the element of

    favouritism or nepotism in favour of the private respondent nos. 5 and 6

    cannot be ruled out.

    88. As discussed in the foregoing paragraphs, both Mr. Dhar and Mr.

    Banerjee, learned Senior Advocates for the private respondents and KMDA

    respectively doubted the bona fide of the writ petitioner on the ground that the

    writ petitioner for the reason best known to him made no endeavour to

    question the allotment as made by the said Committee in favour of various

    persons/ cooperatives by virtue of the minutes of the self-same meeting as held

    on 20.05.2008. It is submitted on behalf of the respondents that the private

    respondent no. 5 while posted as CEO of KMDA declined to pass a favourable

    order as prayed for by one Maya Majumder, the client of the writ petitioner

    which was unsuccessfully challenged before this High Court. It was thus

    submitted on behalf of the KMDA that on account of such, the writ petitioner

    in the garb of public interest litigation practically has filed a private interest

    litigation. In course of their argument, both Mr. Dhar and Mr. Banerjee thus

    contended that since the present writ petitioner does not approach this Court

    with clean heart, clean mind and clean objective, the writ petitioner is not

    entitled to any equitable relief/ reliefs as prayed for. It is trite that a writ

    petitioner who comes to the Court for relief in public interest must come not

    only with clean hands like any other writ petitioner but also with clean heart,

    Page 47 of 61
    clean mind and clean objective as has been observed by the Hon’ble Supreme

    Court in the case of Ashok Kumar Pandey (Supra) .

    89. At this juncture, the moot question arises for our consideration is as to

    whether for not challenging the largesse in favour of the other beneficiaries who

    were allotted plots of land pursuant to the meeting of the said Committee dated

    20.05.2008 the writ petitioner is at all entitled to get the reliefs as prayed for in

    the instant public interest litigation.

    90. In order to answer such question we at the very outset propose to look to

    Article 14 of the Constitution of India which reads as under:

    “14. Equality before law
    The State shall not deny to any person equality before the
    law or the equal protection of the laws within the territory
    of India.”

    91. In the judgment passed in the case of Ekta Shakti Foundation Vs.

    Govt. Of Nct of Delhi reported in (2006) 10 SCC 337 the Hon’ble Supreme

    Court had occasion to consider as to whether Article 14 of the Constitution of

    India has got any negative application that is to say whether a citizen could

    claim negative equality by virtue of the Article 14 of the Constitution of India

    and in doing so the Hon’ble Supreme Court expressed the following view:

    “12. It was submitted that in some other cases, a
    departure has been made. No definite material has been
    placed in that regard. In any event,
    Article 14 has no application or justification to
    legitimise an illegal and illegitimate action. Article
    14
    proceeds on the premise that a citizen has legal
    and valid right enforceable at law and persons
    having similar right and persons similarly
    circumstanced, cannot be denied of the benefit
    thereof. Such person cannot be discriminated to

    Page 48 of 61
    deny the [similar] benefit. The rational relationship
    and legal back-up are the foundations to invoke the
    doctrine of equality in case of persons similarly
    situated. If some persons derived benefit by
    illegality and had escaped from the clutches of law,
    similar persons cannot plead, nor the court can
    countenance that benefit had from infraction of law
    and must be allowed to be retained. Can one
    illegality be compounded by permitting similar
    illegal or illegitimate or ultra vires acts? Answer is
    obviously no.”

    13……..

    14. “If the order in favour of the other person is found
    to be contrary to law or not warranted in the facts and
    circumstances of his case, it is obvious that such illegal or
    unwarranted order [could not] be made the basis of issuing
    a writ compelling the respondent authority to repeat the
    illegality [to cause] another unwarranted order. The
    extraordinary and discretionary power of the High Court
    [under Article 226] cannot be exercised for such a
    purpose.” [Chandigarh Admn. v. Jagjit Singh, (1995) 1
    SCC 745, p. 750, para 8.] (emphasis in original)
    (See Secy., Jaipur Development Authority v. Daulat Mal
    Jain [Secy.
    , Jaipur Development Authority v. Daulat Mal
    Jain
    , (1997) 1 SCC 35, p. 50, para 24.] , SCC p. 51, para

    27.)

    15. “30. The concept of equality as envisaged under
    Article 14 of the Constitution is a positive concept which
    cannot be enforced in a negative manner. When any
    authority is shown to have committed any illegality or
    irregularity in favour of any individual or group of
    individuals, others cannot claim the same illegality or
    irregularity on the ground of denial thereof to them.
    Similarly wrong judgment passed in favour of one
    individual does not entitle others to claim similar benefits.
    In this regard this Court in Gursharan Singh v. New
    Delhi Municipal Committee
    [(1996) 2 SCC 459] held that
    citizens have assumed wrong notions regarding the scope
    of Article 14 of the Constitution which guarantees equality
    before law to all citizens. Benefits extended to some
    persons in an irregular or illegal manner cannot be claimed
    by a citizen on the plea of equality as enshrined in Article
    14
    of the Constitution by way of writ petition filed in the
    High Court………….”

    [Emphasis Supplied by us.]

    Page 49 of 61

    92. In the case of Basawaraj (Supra) the Hon’ble Supreme Court had once

    again considered the scope of seeking negative equality under Article 14 of the

    Constitution of India and in doing so the following was held:

    “8. It is a settled legal proposition that Article 14 of the
    Constitution is not meant to perpetuate illegality or fraud,
    even by extending the wrong decisions made in other
    cases. The said provision does not envisage negative
    equality but has only a positive aspect. Thus, if some other
    similarly situated persons have been granted some
    relief/benefit inadvertently or by mistake, such an order
    does not confer any legal right on others to get the same
    relief as well. If a wrong is committed in an earlier case, it
    cannot be perpetuated. Equality is a trite, which cannot be
    claimed in illegality and therefore, cannot be enforced by a
    citizen or court in a negative manner. If an illegality and
    irregularity has been committed in favour of an individual
    or a group of individuals or a wrong order has been
    passed by a judicial forum, others cannot invoke the
    jurisdiction of the higher or superior court for repeating or
    multiplying the same irregularity or illegality or for passing
    a similarly wrong order. A wrong order/decision in favour
    of any particular party does not entitle any other party to
    claim benefits on the basis of the wrong decision. Even
    otherwise, Article 14 cannot be stretched too far for
    otherwise it would make functioning of administration
    impossible. (Vide Chandigarh Admn. v. Jagjit
    Singh [(1995) 1 SCC 745 : AIR 1995 SC 705] , Anand
    Buttons Ltd. v. State of Haryana [(2005) 9 SCC 164 : AIR
    2005 SC 565] , K.K. Bhalla v. State of M.P. [(2006) 3
    SCC 581 : AIR 2006 SC 898] and Fuljit Kaur v. State of
    Punjab [(2010) 11 SCC 455 : AIR 2010 SC 1937] .)”

    [Emphasis Supplied by us.]

    93. Keeping in mind the proposition of law as decided in the case of Ekta

    Shakti Foundation (Supra) and Basawaraj (Supra) if we look to the factual

    aspects of the instant public interest litigation, it appears to us that the bona

    fide of the writ petitioner in filing the instant public interest litigation ought not

    to be questioned only because the writ petitioner has chosen not to proceed
    Page 50 of 61
    against other individuals and/or societies situated in different areas who have

    been allotted land pursuant to minutes of the meeting dated 20.05.2008. It

    further appears to us that the allegation against the writ petitioner that he has

    instituted the instant public interest litigation targeting the private respondent

    nos. 5 and 6 only on account of his personal grudge and/or interest has no leg

    to stand upon in as much as nothing could be placed before this court that by

    the action of the private respondent no. 5 as the then CEO of KMDA, the

    present writ petitioner is personally aggrieved. Admittedly, at one material

    point of time the writ petitioner being an advocate of this High Court

    challenged an order of the present respondent no. 5 as CEO of KMDA on the

    behalf of his client but by no stretch of imagination it cannot be presumed that

    the instant public interest litigation at the instance of the writ petitioner lacks

    bona fide especially when this Court has already noticed serious infraction of

    rules in largesse in favour of the private respondent nos. 5 and 6.

    94. In course of his argument Mr. Chakraborty further contended that the

    application for allotment of plot of land as made by the private respondent no.

    6 was not only as per prescribed proforma as mentioned in the aforementioned

    brochure but also such application was dealt with by the KMDA with undue

    haste which smacks arbitrariness. We find sufficient justification in the

    submission of Mr. Chakraborty in as much as the Hon’ble Supreme Court in

    the reported judgment of Mandeep Singh (Supra) while dealing with a case in

    the light of Article 14 of the Constitution expressed the following view:

    “52. The State and its instrumentalities have a duty and
    responsibility to act fairly and reasonably in terms of the
    Page 51 of 61
    mandate of Article 14 of the Constitution. Any decision
    taken by the State must be reasoned, and not arbitrary.
    This Court has consistently held that when a thing is done
    in a post-haste manner, mala fides would be presumed,
    and further than anything done in undue haste can also
    be termed as arbitrary and cannot be condoned in law. We
    may refer here to a few judgments of this Court which lay
    down this proposition.”

    [Emphasis Supplied]

    95. Similar view was taken by the Hon’ble Supreme Court in the reported

    decision of Fuljit Kaur (Supra) wherein the Hon’ble Supreme Court while

    dealing with a case involving allotment of land in a hasty manner expressed the

    following view:

    “25. Before parting with the case, it may be pertinent to
    mention here that the allotment had been made to the
    appellant within 48 hours of submission of her application
    though in ordinary cases, it takes about a year. The
    appellant had further been favoured to pay the aforesaid
    provisional price of Rs. 93,000 in four instalments in two
    years, as is evident from the letter dated 8-4-1987. Making
    the allotment in such a hasty manner itself is arbitrary
    and unreasonable and is hit by Article 14 of the
    Constitution. This Court has consistently held that “when
    a thing is done in a post-haste manner, mala fides would
    be presumed”. Anything done in undue haste can also be
    termed as “arbitrary and cannot be condoned in law”.

    [Vide S.P. Kapoor (Dr.) v. State of H.P. [(1981) 4 SCC 716
    : 1982 SCC (L&S) 14 : AIR 1981 SC 2181] , M.P. Hasta
    Shilpa Vikas Nigam Ltd. v. Devendra Kumar Jain
    [(1995)
    1 SCC 638 : 1995 SCC (L&S) 364 : (1995) 29 ATC
    159], Bahadursinh Lakhubhai Gohil v. Jagdish bhai M.
    Kamalia [(2004) 2 SCC 65 : AIR 2004 SC 1159] and Zenit
    Mataplast (P) Ltd. v. State of Maharashtra
    [(2009) 10
    SCC 388] .] Thus, such an allotment in favour of the
    appellant is liable to be declared to have been made in
    arbitrary and unreasonable manner. However, we are not
    inclined to take such drastic steps as the appellant has
    developed the land subsequent to allotment.”

    [Emphasis Supplied]

    Page 52 of 61

    96. From the materials placed before us we have noticed that the private

    respondent no. 5 being the Chief Promoter of the said Society made his

    application before the MIC of the concerned department for allotment of a plot

    of land on 12.05.2008 and soon thereafter that is on 02.06.2008 such

    allotment was made, as reveals from the communication of the Special

    Secretary of the KMDA pursuant to the minutes of the meeting dated

    20.05.2008 of the said Committee. In view of such, we have no hesitation to

    hold that the action the KMDA in allotting the aforementioned two plots of land

    in favour of the private respondent no. 6 and/or in favour of the said

    Committee not only suffers from procedural irregularity and unfairness but

    also the same is a glaring example of the arbitrariness of the KMDA.

    97. Since in course of his submission Mr. Dhar, learned Senior Advocate

    strongly contended that the instant writ petition being a public interest

    litigation must fail on account of unexplained delay and laches on the part of

    the writ petitioners and since such contention was vehemently opposed by Mr.

    Chakraborty in his reply, we feel it obligatory to address the said issue in this

    judgment.

    98. We have occasion to go through some of the celebrated decisions of the

    Hon’ble Supreme Court regarding applicability of the principle of delay and

    laches in a public interest litigation. On perusal of the said reported decisions

    we find that it is the consistent view of the Hon’ble Supreme Court that as

    regards the applicability of the said principles, public litigations are no

    exceptions. In the case of Bombay Dyeing and Manufacturing Company

    Page 53 of 61
    Ltd. Vs. Bombay Environmental Action Group
    reported in (2006) 3 SCC

    434 the Hon’ble Apex Court held thus:

    “341. Delay and laches on the part of the writ petitioners
    indisputably have a role to play in the matter of grant of
    reliefs in a writ petition. This Court in a large number of
    decisions has categorically laid down that where by
    reason of delay and/or laches on the part of the writ
    petitioners the parties altered their positions and/or third-
    party interests have been created, public interest
    litigations may be summarily dismissed. Delay although
    may not be the sole ground for dismissing a public interest
    litigation in some cases and, thus, each case must be
    considered having regard to the facts and circumstances
    obtaining therein, the underlying equitable principles
    cannot be ignored. As regards applicability of the said
    principles, public interest litigations are no exceptions. We
    have heretobefore noticed the scope and object of public
    interest litigation. Delay of such a nature in some cases is
    considered to be of vital importance. (See Chairman & MD,
    BPL Ltd. v. S.P. Gururaja
    [(2003) 8 SCC 567].)”

    ****************************************************************
    “345. However, we do not intend to lay down a law that
    delay or laches alone should be the sole ground for
    throwing out a public interest litigation irrespective of the
    merit of the matter or the stage thereof. Keeping in view
    the magnitude of public interest, the court may consider
    the desirability to relax the rigours of the accepted norms.
    We do not accept the explanation in this regard sought to
    be offered by the writ petitioners. We have no doubt in our
    mind that the writ petitioners are guilty of serious delay
    and laches on their part.”

    [Emphasis Supplied]

    99. Keeping in mind the aforementioned propositions of law as enunciated by

    the Hon’ble Supreme Court if we again look to the factual aspects of this case,

    it appears from page nos. 22 to 24 of the paper-book that under cover of his

    letter dated 19.05.2012 the writ petitioner approached the respondent

    authorities requesting them to cancel the order of allotment of the

    Page 54 of 61
    aforementioned two plots in favour of the private respondent no. 6 and/or in

    favour of the said society. We have noticed that the grievance as agitated by the

    writ petitioner under cover of his said letter dated 19.05.2012 was never

    addressed and the writ petitioner was thus compelled to file the instant public

    interest litigation on account of alleged non-action and/or inaction of the said

    respondent authorities. In course of his argument Mr. Chakraborty vehemently

    contended that since the allotment of the aforementioned two plots of land in

    favour of the private respondent no. 6 and/or the said cooperative society was

    made in a clandestine manner and such transaction was never made known to

    the public, there was no occasion on the part of the writ petitioner to come

    across the factum of allotment of the aforementioned two plots of land in the

    year 2008 or soon thereafter.

    100. We find sufficient justification in the submission of Mr. Chakraborty in

    as much no materials could be placed before this Court either by the

    respondent authorities or by the private respondents in order to substantiate

    that the writ petitioner was well aware regarding allotment of such plots of land

    in favour of the private respondent no. 6 and/or the said society either at the

    time of such allotment and/or soon thereafter.

    101. In view of the discussion made hereinabove we consider it appropriate

    not to dismiss the instant public interest litigation merely on the ground of

    alleged delay and laches and/or hyper technicality especially, when materials

    have been placed before this court to substantiate that the KMDA allotted the

    said two plots of land in favour of the private respondent no. 6 and/or the said

    Page 55 of 61
    society violating the rules and regulations as framed under the said Act of

    2006.

    102. As discussed in the foregoing paragraphs placing reliance upon the case

    of Joydeep Mukharjee (Supra) it has been argued by Mr. Dhar that

    considering the propositions of law as enunciated in the said case no adverse

    order may be passed against the private respondents in as much as the rights

    of the private respondent no. 5 as well as the other members of the said society

    have been settled and attained finality with the passage of time. It has been

    submitted that in the case of Joydeep Mukherjee (Supra) considering the

    magnitude of hardship of the allottees, the Hon’ble Supreme Court declined to

    interfere with the largesse even noticing that allotment of plots of land from the

    discretionary quota of the Chief Minister of West Bengal in Saltlake is contrary

    to the settled principle of law. It is submitted by Mr. Dhar that the ratio

    decidendi of the judgment of the Hon’ble Supreme Court in the case of

    Joydeep Mukharjee (Supra) is equally applicable to the facts and

    circumstances of the present case.

    103. As we have meticulously gone through the judgment of Joydeep

    Mukharjee (Supra) as passed by the Hon’ble Supreme Court,it appears to us

    that the Hon’ble Supreme Court was not persuaded to interfere with the settled

    rights and grant of the allottees considering two factors namely:

    (a) The State Government has taken a conscious decision not to make

    further allotments under the aforementioned discretionary quota

    even qua those plots,

    Page 56 of 61

    (b) As far as already allotted plots are concerned, the rights of the

    parties appeared to have been settled and attained finality.

    104. On careful perusal of the entire judgment of Joydeep Mukharjee

    (Supra) it further appears to us that though in the said case allotment of large

    number of plots in Saltlake City, Kolkata was subject matter of challenge in the

    said case however, the Hon’ble Supreme Court declined to exercise its high

    prerogative writ jurisdiction under Article 32 of the Constitution considering

    the fact that challenging the said largesse different writ petitions and/or intra

    Court appeal and/or appeal was/were filed before the High Court of Calcutta

    as well as before the said Court and since the judgments passed in connection

    with the said writ petitions, intra Court appeals and appeals have already

    attained finality, they cannot be permitted to be agitated over and over again

    considering the salutary principles of finality as well as fairness. It thus

    appears to us that the ratio decidendi as involved in the case of Joydeep

    Mukharjee (Supra) is distinguishable from the facts and circumstances as

    involved in the instant writ petition.

    105. Though not argued from the Bar however we deem it fit and proper to

    consider the facts and circumstances as involved in the instant writ petition

    from the angle of the Constitutional Morality. In order to understand the true

    meaning and purport of the words ‘Constitutional Morality’ we propose to look

    to the judgment as passed by the Hon’ble Supreme Court in the case of Manoj

    Narula Vs. Union of India reported in (2014) 9 SCC 1 wherein the Hon’ble

    Page 57 of 61
    Supreme Court had occasion to deal with the principle of ‘Constitutional

    Morality’ and in doing the same following view has been expressed:

    “75. The principle of constitutional morality basically
    means to bow down to the norms of the Constitution and
    not to act in a manner which would become violative of the
    rule of law or reflectible of action in an arbitrary manner. It
    actually works at the fulcrum and guides as a laser beam
    in institution building. The traditions and conventions have
    to grow to sustain the value of such a morality. The
    democratic values survive and become successful where
    the people at large and the persons in charge of the
    institution are strictly guided by the constitutional
    parameters without paving the path of deviancy and
    reflecting in action the primary concern to maintain
    institutional integrity and the requisite constitutional
    restraints. Commitment to the Constitution is a facet of
    constitutional morality. In this context, the following
    passage would be apt to be reproduced:

    “If men were angels, no Government would be
    necessary. If angels were to govern men, neither external
    nor internal controls on government would be necessary.
    In framing a government which is to be administered by
    men over men, the great difficulty lies in this: you must
    first enable the government to control the governed; and in
    the next place oblige it to control itself. A dependence on
    the people is, no doubt, the primary control on the
    government; but experience has taught mankind the
    necessity of auxiliary precautions. [James Madison as
    Publius, Federalist 51] ”

    106. A Division Bench of the Hon’ble High Court of Madhya Pradesh in its

    judgment and order dated 01.10.2018 in W.P. No. 9733 of 2017 (M/s.

    Samdariya Builders Pvt. Ltd. Vs. State of M.P. & Anr.) had an occasion to

    consider the legality, propriety and correctness of the largesse in favour of the

    writ petitioner Company and in doing so in the light of the salutary principles

    of Constitutional Morality as has been dealt in the case of Manoj Narula

    (Supra) as well as the judgment of the Hon’ble Supreme Court in the case of
    Page 58 of 61
    Niranjan Hemchndra Sashittal Vs. State of Maharashtra reported in

    (2013) 4 SCC 642 observed as under:

    “135. Looking from any angle, whether based on tender
    document, promoter agreement and statutory provisions or
    from the angle of fairness or “constitutional morality’, the
    action of execution of lease deed of land in favour of SBPL
    cannot be countenanced.”

    107. Keeping in mind the salutary principles of the Constitutional Morality as

    has been dealt with in the case of Manoj Narula (Supra) and in the case of

    M/s. Samdariya Builders Pvt. Ltd. (Supra) if we look to the factual aspects of

    this case, it appears that the KMDA being a functionary of the Government and

    an authority under Article 12 of the Constitution of India has failed to

    discharge its function in a fair and reasonable manner which they are duty-

    bound to exercise in larger public and social interest.

    108. It thus appears to us that in the event the recommendation of the said

    Committee or issuance of letter of allotment by the KMDA in favour of the

    respondent no. 6 or execution of the deed of lease dated 23.10.2009 are tested

    in the touchstone of the principles of fairness and/or transparency and/or

    Constitutional Morality, the largesse in favour of the private respondent no. 6

    and/or the said Society also cannot be countenanced.

    109. In view of the discussion made hereinabove the instant writ petition

    succeeds.

    110. Consequently the allotment of plot nos. 8 and 9 in Block BD, Category-

    GRH having an area of 18.On x 486.00 M2 at East Kolkata Development

    Project vide no. 42/KMDA/Sectt/AD-23/2008 dated June 2, 2008 in favour of

    Page 59 of 61
    the Chief Promoter “Krishnav Co-Operative Housing Society Ltd.” stands

    hereby cancelled.

    111. Consequently, the registered deed of lease dated 23.10.2009 as has been

    executed by KMDA (lessor) in favour of Krishnav Co-Operative Housing Society

    Ltd. (lessee) in respect of plot no. 8 and 9 in Block BD, Category-GRH having

    an area of 18.On x 486.00 M2 at East Kolkata Development Project vide no.

    42/KMDA/Sectt/AD-23/2008 dated June 2, 2008 also stands hereby set

    aside.

    112. The respondent no. 6 and/or Krishnav Co-Operative Housing Society

    Ltd. is/are hereby directed to hand over the khas and vacant possession of plot

    no. 8 and 9 in Block BD, Category-GRH having an area of 18.On x 486.00 M2

    at East Kolkata Development Project vide no. 42/KMDA/Sectt/AD-23/2008

    dated June 2, 2008 together with the erected building thereon in favour of the

    KMDA within 120 working days from the date of passing of this judgment.

    113. The KMDA on receipt of the aforementioned two plots of land and the

    structure standing thereon from Krishnav Co-Operative Housing Society Ltd.

    shall return the premium amount of Rs. 28 lakhs together with the present

    market value of the construction along with 10% interest on the

    aforementioned amount that is the premium amount as mentioned in the

    aforementioned deed of lease dated 23.10.2009 and the present market value

    of the building to the Krishnav Co-Operative Housing Society Ltd. within 60

    working days from the date of getting vacant possession of the said two plots of

    land as well as the construction made thereon.

    Page 60 of 61

    114. The time limits as fixed by this Court are peremptory and mandatory.

    115. WPA 20959 of 2012 is thus allowed in the light of the observation made

    hereinabove.

    116. With the disposal of WPA 20959 of 2012, WPA 21739 of 2012 along with

    all pending interlocutory applications including I.A. No. CAN 1 of 2013 are also

    allowed.

    117. Urgent photostat certified copy of this judgement, if applied for, be given

    to the parties on completion of usual formalities.

    I agree.

    (SUJOY PAUL, C.J.)
    (PARTHA SARATHI SEN, J.)

    Page 61 of 61



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here