- (1.) Tapen Sen, J. In this Writ Petition, the Petitioner No. 1 and his wife, the Petitioner No. 2 have challenged the Resumption Order dated 11.6.2009 (Annexure-P/10) whereby and whereunder the Respondent No. 3 (Land Managercum- Ex officio Deputy Secretary, Department of Urban Development, Govt. of West Bengal) Ordered the resumption of the demised premises being Plot No. FD- 24; Sector-III; Bidhan Nagar; Northern Salt Lake City Extension Area; Kolkata by cancelling the Order of Allotment being 2269-DEF-5L-1/81 dated 10.7.1981 and proceeded to cancel and determine the said Deed of Lease with a further rider that the Lessor would have the right to re-enter into possession with immediate effect.
(2.) The short facts which are necessary to be taken note of is that on the 31.3.1983, a Deed of Lease was executed by and between the Governor of West Bengal and the Petitioners whereby and whereunder and in consideration of a payment of Premium/Salami of Rs. 64, 334.74 paise and annual rent, the Lessors granted and demised all that piece and parcel of leasehold land measuring 5.36115 cottas (a little more or less) appertaining to Plot No. 24 in Block FD of Sector-III, Northern Salt Lake City Extension Area; District. 24-Parganas. The said land was demised for a period of 999 years. The Deed of Lease is Annexure-P/1 to the Writ Petition.
(3.) The Petitioners got possession of the land on 21st August, 1987 and Possession Certificate, vide Annexure-P/2 was granted.;