- (1.) This Miscellaneous Appeal is directed against the order passed by the Learned Civil Judge (Sr.Division), 10th Court at Alipore on 23rd March, 2005. The plaintiffs/respondents filed a suit for declaration, injunction and recovery of 12 crore and 75 lac. The background of the said suit is as follows :- The appellant/defendant No.1 is the West Bengal Housing Board, a statutory body corporate consitituted under the West Bengal Housing Board Act, 1972 and the appellant No.2 Bengal Ambuja Housing Development Ltd. is a joint sector company duly incorporated under the provisions of Companies Act, 1956. Appellant No.1 West Bengal Housing Board holds 49% share in the appellant No.2 company.
(2.) The West Bengal Housing Board is the owner of 62.18 acres out of which a plot of land measuring 25.76 acres lying and situated at Plot No.1028, Mouza Rajapur have been earmarked for two Udayan complex by the Housing Board. The said plot is within Ward No.109 of the Kolkata Municipal Corporation and the said plot is numbered as 1050/1, Survey Park, Kolkata-700075.
(3.) The West Bengal Board, under the provisions of West Bengal Housing Board Act, 1972 (Act of 1972) entrusted Bengal Ambuja with the development of housing scheme of residential complex for higher, middle and lower income groups and according to the defendants this was done considering the need of the people of Kolkata. The appellants/defendant No.2 published a booklet in which it was stated that defendant No.2 would would construct eight buildings along with a Club building in pursuance of sanctioned plan and accordingly they got a plan sanctioned for commercial complex by K.M.C. on 29th January, 1997.;