- (1.) This writ application is filed by the petitioner assailing the order passed by the respondent No.4 under his Memo No. 1849 (2)/UD/SL(AL)/9L-113/ 82 dated May 19/20 of 2005 with regard to the automatic cancellation of the conditional offer of allotment of the plot of land at Salt Lake.
(2.) The brief facts.of the case are as follows: An offer letter dated October 4, 1982 was issued to the petitioner by the respondent No.4 for grant of lease of a plot measuring about 5 cottas more or less in Sector-V of Bidhannagar, Salt Lake Township for 999 years for the purpose of manufacturing Leather Goods subject to the terms and conditions mentioned in the above offer letter. Clause 3 of the above offer letter prescribed the mode of payment of Salami or premium for such allotment as follows:- "3. Payment shall be made in the following manner: (i) (a) Payment of fill amount of the said salami or premium calculated provisionally at the abovementioned rate which is Rs.20,000/- (Rupees Twenty thousand) only in one instalment whthin 90 days from the date of issue of this offer and the balance salami as may be finally calculated on the basis of actual measurement of the plot and the location of the plot, after selection of the same, within 90 days from the date of issue demand notice, failing which interest @ 7% per annum will be charged for first year and @ per annum for the third year: OR (b) Payment of fifty percent of the said provisionally calculated' salami within 90 days from the date of issue of the allotment offer and the balance of the salami calculated on the aforesaid basis with interest @ 7% per annum from the ate of issue of this offer if the payment is made within first 2 years and interest @ 10% per annum for the third year. If you fail to make payment of the balance sum and other dues within 3 years from the date of issue of this offer, this allotment offer shall stand cancelled and the salami already paid by your will be refunded after deduction thereform administrative charges of Rs.50/-. (ii) Choice of selection of the plot may be given to the allottee after he has deposited at least 50% of the salami. (iii) For corner plots (if available and selected) an additional salami of 12% of the total salami will be charged. (iv) Your will have to pay rent, rate and taxes as may be prescribed from time to time. (v) Necessary standard charges for fixation of boundary pillars will have to be paid by you when intimated."
(3.) Clause 15 provided for the mode of cancellation of the offer without notice to the allottee as follows:- "15. This offer shall stand cancelled (without notice to you) for non-compliance of any of the above terms and conditions within the time-limit.";