Arindam Mukherjee, J. - (1.) The appeal is at the instance of the respondents in the writ petition. The writ petitioners are the respondent Nos. 1 and 2 in the appeal. The appellants challenge the final order dated 16th July, 2018 allowing the writ petition in terms of prayer (a) thereof. The prayers in the writ petition are set out hereinunder for the sake of convenience:- a) A writ of and/or in the nature of Mandamus commanding the respondents and each one of them, their men, agents and/or assigns to cancel and/or set aside and/or to forthwith rescind and/or withdraw the memo 3175/KMDA/MM/BP - 71/2007 dated 14/01/2010 issued by the Administrative Officer and Estate Manager, M.M Unit of the KMDA being the demand notice of Penal charges imposed upon the Petitioner no. 1 for delayed construction on the plots the aforesaid Penal charge for delayed construction calculated as @8% on Rs. 15 lakh per cottah per annum, marked as annexure "P/6" to the Writ Petition. b) A writ of and/or in the nature of Mandamus commanding the respondents and each of them, their men, agents and/or assigns to cancel and/or set aside and/or to forthwith rescind and/or withdraw the memo no. 928/KMDA/MM/BP-71/2007 dated 02/12/2015 being a 'Final Reminder' and Demand Notice for payment of sum of Rs. 46,40,314/- (Rs. Forty Six Lakh Forty Thousand Three Hundred Fourteen only) marked as annexure "P/12" to the Writ Petition. c) A writ of and/or in the nature of Mandamus commanding the respondents and each one of them, their men, agents and/or assigns to cancel and/or set aside and/or all proceedings in respect of imposition of charges in respect of the plots of land in question. d) A writ in the nature of Certiorari do issue calling upon the Respondents and each one of them to certify and transmit the original records of the case, before this Hon'ble court so that conscionable justice may be rendered to the Petitioner. e) Rule NISI in terms prayer (a), (b),(c) and (d) hereinabove. f) An Interim order of stay of the impugned memo no. 928/KMDA/MM/BP-71/2007 dated 02/12/2015 being a 'Final Reminder' and Demand Notice for payment of sum of Rs. 46,40,314/- (Rs. Forty Six Lakh Forty Thousand Three Hundred Fourteen only) marked as annexure "P/21" to the Writ Petition along with all previous demands made in this connection till disposal of the instant Writ petition. g) An Interim order of injunction restraining the respondent authorities from interfering with the petitioners' possession of the plots in question till disposal of the Writ petition. h) Ad-interim order in terms of prayer (f) and(g); i) Make the Rule absolute if no cause or insufficient cause is shown by the respondents; j) And/or pass such other or further order or orders as to Your Lordship may deem fit and proper.
(2.) The facts of the case reveals that by a registered document described as "Deed of License" dated 28th September, 2008 KMDA, the appellant no.1 leased out an aggregate area of 38.049 cottah being plot no S-406 and P-12 to the respondent no.1/writ petitioner no.1 for a period of 99 years on the terms and conditions mentioned therein. Some of the relevant terms of the said document are reproduced hereinunder:- ii) To pay all rent taxes and other impositions in respect of the aforementioned land and structures to be erected thereon which are or may be assessed to be payable by the owner or the occupier in respect thereof during the term of the License. iii) At the own cost of the Licensee, within 24 months from the date of issue of allotment letter of within such further time as the Authority may as its option allow in writing on sufficient and reasonable grounds, to start Construction for the purpose of setting up an Institution under the name and style as Dinabandhu Andrews of Institute of Technology& Management for opening MBA & MCA Courses in East Kolkata Area Development Project Baishnabghata Patuli Area Development Project with boundary walls, sewers and drains in accordance with plans sanctions and specifications as shall be approved by the appropriate authorities on payment of such fees as required, in accordance with the Building Rules of the Kolkata Municipal Corporation, with the requirement of any Land Use and Development Control Regulations of the Authority or the requirements of any other statutory rules and regulations of local or statutory body framed for the purpose and licensee shall complete the construction works of the project within 36 months from the date of issue of allotment letter. The allotment letter was issued on 23rd March, 2007.
(3.) It will appear from Clause 4(ii) of the said document that the licensee (writ petitioner/respondent no. 1) is liable to pay all rent, taxes and other impositions in respect of the land and structure to be erected therein. Clause 4 (iii) threrof provides that the licensee within 24 months from the date of issue of allotment letter or within such further time as the authority may at its option allow in writing on sufficient and reasonable ground to start the construction. The said Clause further provides that on failure on part of the licensee to start construction within two years or within the extended time and/or complete the construction works of the project within three years from the date of issue of the allotment letter the license shall be terminated by the authority with deduction of 20 per cent of premium paid by the licensee as service charge and the remaining amount shall be refunded without any interest.;