- (1.) This writ application is directed against an order of cancellation of allotment of bulk land dated November 3, 2008 passed by the respondent no. 2. The aforesaid bulk land was lying and situated at 2 Plot no. 1-4, Block E, measuring about 5.517 acres and plot no. GRH-5, Block-E, within BaisnabghataPatuli Area Development Project, District South 24 Parganas (hereinafter referred 2 to as the said plots of land).
(2.) The backdrop of this case is stated herein below:- The petitioner no. 1 was a Government Company incorporated under the Companies Act, 1956 and it was established as statutory Corporation under the Prasar Bharati (Broadcasting Corporation of India) Act 1990. The petitioner no. was the principal Officer of the petitioner no.1.
(3.) The respondent no. 2 was a statutory Corporation established under the West Bengal Town and Country (Planning & Development) Act 1979. The petitioner no. 1 applied to the respondent no. 1 for granting lease of the said plots of land in its favour. The respondent no. 1 agreed to the above proposal and allotted the said plots of land in favour of the petitioner no. 1. Possession of the said plots of land was handed over to the petitioner no. 1 on November 19, 1992. Subsequently, an indenture dated July 24, 2006 (hereinafter referred to as the said indenture) was executed by and between the respondent no. 1 and the petitioner no. 1 incorporating therein the terms and conditions of lease of the said plots of land in favour of the petitioner no. 1. Sub-clauses (c) and (o) of the Clause-2 of the above indenture are required to be taken into consideration for adjudication of the issue involved in this case and the same are quoted below:- "(C) The Lessee, shall, within two years from the date of signing the Lease agreement or within such further time as the Authority may at its option allow in writing on sufficient and reasonable grounds, and at its own cost commence construction of Office & Residential Complex upon the demised land as may be necessary for the said land to be used for the purpose as settled alongwith boundary walls, sewers and drains in accordance with plans, sanctions, specifications as may be approved by the appropriate Authority according to the rules and regulations of the Kolkata Municipal Corporation according to the requirements of any statute of any Land use and Development Control. Plan and/or Development Control regulations of the Authority. Failing to commence construction of Office & Residential complex in terms of requirement of the Lessee by phases within 2 ( two ) years Kolkata Metropolitan Development Authority ( K M D A ) may exercise the right of reentering and taking possession unless sufficient reason is shown by the Lessee. (O) The Lessee, at the expiration of the term of the lease or sooner, determination thereof shall quickly and peacefully surrender to the Authority the demised land after removing any construction made by him thereon unless the Authority shall express its willingness to purchase the same at the market value of the materials in which case the Lessee shall sale the same to the Authority." ;