Dipak Kumar Sen, J. - (1.) Alokendra Nath Mitter, the petitioner herein, applied to the Public Works Department, Salt Lake Branch, Government of West Bengal for allotment of a plot of land under the Salt Lake City Extension Scheme. By a letter dated the 11th August, 1975, the Assistant Secretary, Public Works Department, Government of West Bengal on behalf of the Governor offered a plot measuring about 5 cottahs in Sector I/II of the Salt Lake township for demise to the petitioner on lease for 999 years on the following conditions :-- (a) The petitioner would pay a premium or salami at the rate of Rs. 7000/-per cottah. (b) The petitioner would deposit 50% of the said premium or salami as earnest money with the Reserve Bank of India Calcutta within a specified time and submit to the Government the receipted challan along with a formal application by way of unconditional acceptance of the terms of the proposed lease. (c) The balance 50% of the premium or salami would be payable within two months from the date when the petitioner would be informed that the land was ready for delivery of possession.
(2.) Pursuant to the aforesaid, the petitioner duly deposited a sum of Rs. 17,500/- being 50% of the premium or salami and filed an application in the prescribed form accepting the offer.
(3.) By a letter dated the 28th October, 1975 the petitioner was informed by the Assistant Secretary, Government of West Bengal that he had been allotted Plot No. 28 in Block AB of Section I of the Salt Lake township. By a subsequent letter dated the 12th December, 1975 the said Assistant Secretary informed the petitioner that the said plot was ready for delivery of possession and that on actual measurement the area of the plot had been found to be 5.1992 cottahs. The petitioner was directed to pay a sum of Rs. 18,614/- towards the balance premium or salami within 60 days from the date of the said letter by depositing the said amount in the Reserve Bank of India, Calcutta. The petitioner was also directed to pay an additional sum of Rupees 30/- on account of the cost of fixing boundary pillars in the said plot.;