- (1.) THE Court : By this petition the petitioner has prayed for a writ in the nature of Mandamus commanding the respondents to withdraw and cancel the order dated February 29, 2012 which has been annexed to the writ petition as Annexure P -8, a writ in the nature of Mandamus commanding the respondents to forthwith allow the relevant flat of the petitioner to be converted into freehold from leasehold and to allow mixed occupancy in respect of the same and for other reliefs. A project was started by the Kolkata Municipal Corporation (the Corporation, for short) at D. L. Khan Road, Kolkata. The brochure for such project specifically mentioned that the Corporation was to construct residential buildings and provide flats for lease of 99 years. The petitioner was allotted a flat on the fourth floor being Flat No. B 402 in terms of the closed auction conducted by the respondents authorities.
(2.) A lease deed was executed by and between the Corporation and the petitioner on June 24, 2010. The deed inter alia provided that the lessee shall deliver peaceful and vacant possession of the demised flat within three months from the date of notice to be served upon him by the Corporation. Another brochure was issued by the Corporation for the same project proposing outright sale of 44 flats on ownership basis. According to the petitioner the Corporation had taken contrary stands inasmuch as on the one hand they were offering flats on lease and on the other they offered the same project on outright sale.
(3.) ACCORDING to the petitioner out of 44 flats 24 have been transferred into freehold from leasehold and have been sold outright to the respondents authorities and thus the nature of the flats in question was changed. The respondents also changed the residential status of the flats to that of mixed occupancy by selling certain units as offices including 7 of such units to Sahitya Academy. The allegation of the petitioner is that this had resulted in these flats to be unfit for residential purposes due to lack of proper environment.;