- (1.) This writ petition has been filed for issuance of a direction upon respondent no. 2 and 3 to forthwith accept the instalments in respect of the plots of land as mentioned in paragraph 9 of the writ petition, which were allotted in favour of the petitioners through lottery and for further direction upon the respondents to deliver possession of such land in favour of the petitioners. All the petitioners belong to economically weaker sections of the society. The Kolkata Metropolitan Development Authority gave an advertisement in public newspaper on 26.12.2010 inviting applications from persons belonging to economically weaker section of the society and also from the persons who have lost their land due to acquisition of land for different development project. The plots were sought to be distributed measuring about 0.850 to 0.750 katha at the price of Rs.70,000/- to Rs.75,000/- situated at East Kolkata township and Baishnabghata Patuli.
(2.) All the petitioners collected booklet from different branches from the Bank of India upon payment of Rs.250/- per booklet and thereafter submitted their respective applications. The specific averment in para 5 of the writ petition is that all the petitioners, in order to acquire a place for permanent residence for themselves, having regard to the price of the land started believing that their dream would come true. In such process of allotment of land by Kolkata Metropolitan Development Authority a lottery was held for allotment of such lands on 26th February, 2011 at Jadavpur Stadium. In para 9 of the writ petition the petitioners have given the plot numbers which were allegedly allotted in favour of the petitioners in the said lottery. However, a notification was published by the Kolkata Metropolitan Development Authority on 26th April, 2012 in the newspaper that the process of allotment of land was cancelled.
(3.) The petitioners were directed to collect the application money from the respective branches of Bank of India along with interest at the rate of 6 percent per annum. Being aggrieved by and dissatisfied with such action of the respondents the petitioners have filed this writ application on the ground that the respondents cannot cancel the process of allotment through lottery whimsically in an arbitrary manner. Secondly, the action of the respondents is bad in law since the decision of cancellation of such lottery has been taken by the respondents without giving any opportunity of hearing to the petitioners and the said action is contrary to the Principles of Natural Justice. Thirdly, the respondents have agreed to allot lands on completion of certain formalities and the petitioners have duly complied with such formalities and they were successful in the lottery held by the respondents.;