Mir Dara Sheko, J. - (1.) Heard Mr Basu, learned senior advocate, assisted by Mr Banerjee and Ms Dhamali appearing for the petitioners. Heard also Mr Partha Sarathu Basu being assisted by Mr Talukdar representing the Kolkata Metropolitan Development Authority (KMDA). Perused the materials on record and the judgments cited.
(2.) The writ petitioners, the heirs of one Bibhuti Bhusan Paul, being the initial allottee of the subject plot challenged in this writ petition under Article 226 of the Constitution of India for cancellation of Memo No.1900/KMDA/MM/BP/HIG/119 dated September 15, 2009 issued by the Chief Executive Officer, KMDA to Smt. Jayanti Pal, wife of late Bibhuti, the first petitioner.
(3.) The facts of the case briefly is that since the land belonging to Bibhuti Bhusan Paul was acquired by the State Government at the instance of KMDA assessing compensation, but said Bibhuti did not accept the compensation money with the understanding that he would receive some plot to be allotted by KMDA in his favour. Accordingly, without any lottery process the subject plot was allotted in favour of said Bibhuti and it was executed on July 15, 1988 and registered accordingly.;