SMT. ARATI CHAKRABORTY Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-9-124
HIGH COURT OF CALCUTTA
Decided on September 03,2018

Smt. Arati Chakraborty Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

AMRITA SINHA,J. - (1.) In response to an advertisement inviting applications for allotment of plots of land at Kalyani the petitioner applied and was selected for allotment of land in her favour. A lease deed was executed in her favour in respect of the Plot no. B-7/280 in the year 1988 for a period of 999 years.
(2.) As per Clause 2(iii) of the lease agreement, the lessee at her own cost within 31st March, 1989 was supposed to erect, construct and complete a house or building for being used for residential purpose with boundary walls, sewers and drains in accordance with the plan approved by the Government or any officer authorized in that behalf.
(3.) The petitioner submitted an application on 1st March, 1989 with a request to allow two years time to start construction as she failed to complete the construction as per the declaration in her affidavit dated 24th March, 1988. On the request of the petitioner, the authorities extended time upto 30th June, 1989 for construction of the house on the said plot of land. The petitioner states that she constructed upto the plinth level but due to her husband's assignment at different places she could not complete the construction of the dwelling house. She further submits that her son took up higher studies and due to paucity of funds required for construction of the house it was not possible for the petitioner to complete the construction. After the demise of her husband on 20th August, 2011 the petitioner arranged for the required funds for completing the construction of her dwelling house.;


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