Mahitosh Majumdar, J. - (1.) This Writ application is directed against the Memo, bearing No. 841-SL/SB/M-4L-529/79 April 5, 1983. The Assistant Secretary, Government of West Bengal, Salt Lake Branch by the aforesaid Memo dated April 25, 1983, informed the petitioner that the Government expressed inability to revive the offer of allotment of allotment of a plot of Salt Lake City made in favour of the petitioner by Memo bearing No. G. O. 1675-SL (AL)-M-4L-592/79 dated April 7, 1979 which stands cancelled for non-payment of salami within the stipulated period. The petitioner at the material time was held the post of Inspecting Assistant Commissioner, Income Tax, Calcutta in the Indian Revenue Service, Ministry of Finance, Government Of India. He retired from service from the month of February, 1984. The facts of the case as emerge from the Writ application are in brief as follows:- In the month of April, 1977 advertisement was made in newspaper inviting application for allotment of residential plots in the Sector II of Salt Lake also known as Bidhan Nagar, Calcutta. The petitioner responded to the advertisement by making an application for such allotment in the month of June, 1977. The Deputy Secretary to the Government of West Bengal by letter dated March 23, 1979, addressed to the petitioner in response to his application for allotment of a plot of land in Salt Lake requiring him to. furnish certain particulars and on Affidavit making certain declarations. By letter dated April 3, 1979, the petitioner furnished the relevant particulars along with the Affidavit as directed. The Deputy Secretary by letter dated April 7, 1979, informed the petitioner that a plot of land measuring 4 cottah or a little more but less than 5 cottahs, in Sector II of Bidhan Nagar (Salt Lake township) might be demised to him on lease for 999 years subject to certain terms and conditions stipulated therein. The said terms are set out below:- "(b) As the plots are not identical size, it is not possible to state at this stage the exact price which is payable by you. This will be calculated after the selection of your plot. Accordingly, you are given option to deposit salami in one of the following ways:- i) Payment of Rs. (8000 x 4) = 32,000/- in one instalment within 90 days from the date of issue of this letter. If you make this payment, you would be requested to select a plot. After selection of the plot balance amount which is payable by you will be calculated. You will, however, he required to give a balance salami over and above Rs. 32,000/- provided the plot you select is over four cottahs and/or the plot has locational advantage as stated in para 1(a) above. After calculation of the balance salami, a demand notice will be issued and you may pay this balance salami within 90 days from the date of demand notice without any interest. If you, however, do not made payment of this amount within 90 days as stated above, interest at the rate of 7% for the first two years and at the rate of 10% for the third year will be charged. This interest will accrue from 91st day from the date of issue of demand notice. ii) Payment of Rs. 16,000/- within 90 days from the date of issue of allotment order and balance salami within three years from the date of issue of allotment order, you will, however, have to pay interest at the rate of 7 per cent for the first two years and interest at the rate of 10 per cent for the third year. Interest will accrue from the 91st day from the date of issue of allotment order. iii) If you do not make payment of at least 16,000/- within 90 days from the date of issue of allotment order, your allotment will stand cancelled without intimation of you iv) If you initially make payment of Rs. 16,000/- within 90 days from the date of allotment order and fail to make payment of balance salami within three years, part salami paid by you will be refunded after deduction therefrom the administrative charges of Rs. 50/-.
(2.) A copy of the said letter is contained in annexure A to the Writ application.
(3.) The petitioner decided to exercise option for depositing the salami enumerated in clause (b) (ii) dated April 7, 1979. Since the formalities for making such payment had not been clearly set out in the letter dated April 7, 1979, the petitioner by letter dated April 26, 1979, addressed to the Deputy Secretary informing him of the option exercised by the petitioner and asked for advice regarding the formalities to be complied with for issue of allotment order in question. There was no response from the Respondent No. 2 to the said query of the petitioner neither there was any allotment order issued in favour of the petitioner nor the petitioner was informed about the decision of the concerned authorities. Although the petitioner exercised option under clause 6(ii) of the said letter he could not make the payment of Rs. 16,000/- as the first instalment on the ground that no formal allotment order had been issued in his favour. The respondents according to the petitioner maintained silence over the said issue although the petitioner was ready and willing to make the payment of salami of Rs. 16,000/- as per clause 6(ii) of the said letter dated April 7, 1979 and the payment could hot be made for the reasons Indicated in paragraphs 9 and 10 of the writ application. The petitioner all throughout was in touch with different Officers of the Metropolitan Development from time to time but he could not obtain the particulars and formalities to be observed for making the payment and issue of the allotment letter. The petitioner was in the bona fide belief that the entire Development of the Salt was in actuality a time consuming affairs. Thereafter, the petitioner personally met Shri A. K. Sen, Secretary, Urban Development. Government of West Bengal in his Chamber on November 12, 1982 and handed over to him a written application of even date explaining the facts of the case and requesting to look into the matter and arrange for plot in the Salt Lake City. The petitioner was informed that the matter of allotment was indirectly dealt with by the Chief Minister. The petitioner then submitted an appeal to the Chief Minister detailing the background of the matter and also sought for justice. The petitioner again persuaded the matter by a letter dated March 2, 1985 addressed to the Chief. A Memo bearing No. 814-SL/SB/M-4L-529/79 April 5, 1983 from the Assistant Secretary to the Government of West Bengal, Metropolitan Department Respondent No. 4 herein was received by the petitioner. By the said Memo the petitioner was informed that the Government regretted its inability to revive the offer of allotment of a plot at Salt Lake in his favour in the Department G.O. No. 1675-SL (AL)-M-4L-529/79 dated April 7, 1979 which stood cancelled for nonpayment of salami within the stipulated period.;