ARIJIT BANERJEE, J. - (1.) In this writ application the writ petitioners challenge an order dated 20 January, 2016 passed by the Joint Municipal Commissioner (D) rejecting the request for permission to transfer Flat No. C-101 in the concerned KMC project on D. L. Khan Road, Kolkata, by way of sub-lease/assignment. The factual background of the case culminating in the present writ application is as follows.
(2.) The KMC initiated a project for development of a residential complex at D. L. Khan Road, Kolkata on land owned by the KMC with a view to leasing out flats in the residential buildings to be constructed on such land on 99 years lease. The petitioner no. 1 applied for and was allotted a flat being No. B-402.
(3.) The wife of the petitioner no. 1, viz, Nilanjana Biswas, since deceased, acquired Flat No. C-101 in the said project by way of transfer from one Ganesh Mundra. The said flat was initially allotted to one S. S. Enterprise by KMC which transferred the said flat in favour of Ganesh Mundra. The respondent authority accepted such transfer. The initial allottee had made a payment towards the first instalment amounting to Rs. 3, 06,000/-. The transferee, viz, Ganesh Mundra, paid a further sum of Rs. 6,34,000/- towards the second and third instalments. The area of the flat was approximately 144 sq. metres. A total sum of Rs. 12,50,000/- was payable in terms of the allotment letter issued to S. S. Enterprise.;