PROTIK PRAKASH BANERJEE,J. - (1.) The writ petition is moved on service.
(2.) I have heard Mr. Raghunath Chakraborty, learned advocate assisted by Mr. Mehabub Ahmed, learned advocate appearing for the writ petitioner. I have heard Mr. Basu, learned advocate assisted by Mr. Talukder, learned advocate for the KMDA. Let affidavit of service be kept on record.
(3.) The writ petitioner has assailed Annexure P/11 at page '42' of the writ petition. This is a letter by which the allotment of land to the writ petitioner has been cancelled by the first respondent. The ground of cancellation mentioned is in the following terms:- ".... Whereas according to condition at clause 2(iii) of the license deed executed on 11th April, 1996, the allottee were required to complete the construction of a house or building within 5 (five) years from the date of execution of lease deed i.e. within April, 2001. And Whereas it has been further verified that the allottee has completed construction within stipulated period. And Whereas the allottee has failed to take step for construction on the plot, which was allotted in favour of her which is clearly in violation of the said condition of the license deed. And Whereas he could complete the construction in due time. Therefore, for violation of clause 2(iii) of license agreement and as per the approval of the Competent Authority in KMDA, the offer of allotment of plot no. 90 Block ED category EWS-IV under EKADP is hereby CANCELLED and possession of land delivered is WITHDRAWN. License deed executed thus stands CANCELLED and the land is resumed in favour of KMDA. The amount paid by the allottee as land cost will be refunded after deduction of 20% as service charge after resumption of the plot in favour of KMDA....";