DEBI PROSAD DEY,J. - (1.) This writ application has been filed for cancelling memo no. 1298/A/KMDA/MM/EC/GRH/W-09/99 dated 19th September, 2011 issued by the Special Secretary, Calcutta Metropolitan Development Authority(annexure P/16) as well as the decision taken in the 16th meeting of land and flat allotment committee.
(2.) On the prayer of the petitioners the Deputy Director of Co-operative Society(Calcutta Metropolitan area), West Bengal provisionally allotted the name of Krishna Radha Housing Co-operative Society towards forming of a co-operative housing society. Such co-operative housing society was formed for the purpose of obtaining a plot of land measuring more or less 5 Kathas under the East- Calcutta area development project group housing scheme of the then Calcutta Metropolitan Development Authority(now Kolkata Metropolitan Development Authority). The aforesaid co-operative society accordingly applied for a plot of land and the Deputy Director(M & M) the then Calcutta Metropolitan Development Authority issued a letter vide memo no. 1108/CMDA/ECADP/GRH/III/W-8 dated 14th June, 1999 informing the petitioners that on the basis of lottery through computer held on 12th May, 1999, plot no. HATI/GRH/8 in Group III measuring more or less 4.35 Katha at the rate of Rs. 85,000/- per Katha out of the plots subsequently generated under the aforesaid scheme was allotted in favour of the petitioners subject to payment of the installments regularly towards final satisfaction of the entire amount and subject to production of the registration certificate of such co-operative society.
(3.) The petitioners had duly paid the entire amount as per the terms and conditions given by the respondents but could not produce the registration certificate as one of the members of the co-operative society went abroad and could not come back in time. However, that matter was duly informed to the respondents and the respondents were accordingly extending time to the petitioners for submission of such certificate of registration of their co-operative society. The respondents have admitted in their affidavit in opposition that the petitioners have duly paid all the installments as per the direction of the respondents and that a provisional certificate was issued by the Deputy Registrar, Co-operative Society(housing co-operative) to the petitioners.;