PROTIK PRAKASH BANERJEE, J. - (1.) The writ petition was moved on service. The respondents are represented. Affidavit of service may be kept on record.
(2.) The writ petitioners were an allottee of a plot of land from the Board of West Bengal HIDCO Limited. The allotment letter at page '28' contains the following clauses: " viii) You will submit the Building Plan (through your architect) to ED (Estate Management) WBHIDCO within 3 months of possession of plot and also complete construction of premises and area development on the said plot within 24 months from the date of approval of the plan. The time frame is expected to be adhered to as otherwise the allottee of plot shall be required to pay penalty as may be decided by the Board of WBHIDCO Ltd."
(3.) Pursuant to the aforesaid a registered deed of sale/indenture was executed by and between the first respondent and the present writ petitioner No. 1. Such indenture as appears at page '38' of the writ petition does contain any express covenant making the above clause 'viii' of the allotment letter operative even after purchase. However, at pages 38-40 of the writ petition in the last recital the parties have agreed as follows: "And Whereas The Purchaser applied to the VENDOR through West Bengal Electronics Industry Development Corporation Limited (WEBEL) for purchase of a piece and parcel of land in the New Town so as to enable the PURCHASER to erect buildings thereon for its own use for IT and IT and Ites purposes after complying with all formalities for allotment of such land by the Vendor.";