- (1.)This appeal was preferred along with the application for stay of the operation of the order dated 15th June, 1995 passed by the 1d. Judge. The appellants/petitioners are claiming to be the occupants of the flats constructed by the Calcutta Metropolitan Development Authority & Ors. in Baishnavghata Patuli Project. The said flats for new township was constructed under the scheme framed by the said authority for accommodating the Lower Income Group people. After the construction of the said flats in the said township the same was allotted to several allottees and the allottees had paid money for the purpose of owning the said flats under the said scheme.
(2.)The appellants/petitioners case is that the said flats were lying unallotted and vacant and accordingly they have entered into possession and they were continuing in possession. It is also stated that the appellants made representation by way of appeal before the authority concerned to protect them against their unlawful eviction and allot the said flats to them for which they were ready and willing to pay the requisite allotment fees as per Rules but the authorities it is stated did not pay any heed to their prayer. It is stated that instead of allotting the same to them the said authorities were trying to evict them forcibly with the help of police.
(3.)The Learned trial Judge by the order dated 15th June 1995 held that as the petitioners have no locus standi the writ application was not maintainable and the same was accordingly dismissed.
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