Ravi Krishan Kapur, J. - (1.) The short question which arises for consideration in this writ petition pertains to the exercise of the power of resumption by the Land Manager, Bidhannagar, Government of West Bengal ("the respondent no.3") of a plot of land being premises no.47 in Block-FC, Sector-III, of the Bidhannagar Municipality ("the premises").
(2.) Shorn of details, the brief facts culminating in the filing of this writ petition are as follows: a) By a deed of lease dated 14 September, 1983, executed by the Government of West Bengal in favour of one Sudhir Chandra Poddar (since deceased) the premises was leased for a period of 999 years to the original lessee with an express condition that a residential building would be constructed within a period of 3 years from the date of possession of the demise land or within such extended time as may be allowed by the State Government in writing. b) On 11 October, 1991, Sudhir Chandra Poddar died. Significantly, no residential house had been constructed on the premises as on the date of his death. Subsequent to the death of Sudhir Chandra Poddar, a mutation certificate dated 28 October, 2002 pertaining to the premises was issued in the name of his legal heirs i.e. Samir Kumar Poddar, Kabita Saha, Mamata Roy and Sanjukta Choudhury. c) On 26 December, 2005, a show cause was issued under Clause 2(6)(a) of the lease deed in the name of the co-lessees pertaining to their failure to make any construction on the premises. Pursuant to the aforesaid show cause, various opportunities and hearings were held on 12 January, 2007, 27 February, 2007 and 20 March, 2007 respectively by the respondent authorities. d) In the meantime, two of the mutated co-lessees namely Samir Kumar Poddar and Mamata Roy also expired and an application for mutation of the premises in the name of the legal heirs was filed on 28 December, 2016. e) On 23 May, 2017, a mutation certificate in respect of the premises was issued in the name of the petitioners. f) On 14 September, 2007, the petitioners applied for transfer of 100% shares in the premises in favour of one Gopal Banka and Sunita Banka. g) On 28 November, 2017, a departmental enquiry was made by the Surveyor in respect of the premises, wherein it transpired that the premises was lying vacant and no construction had yet been made. h) In the aforesaid background, the respondent authorities and primarily the respondent no.3 issued a resumption order vide no.2785 dated 30 November, 2017 ("the impugned notice") for cancellation of the allotment of the premises primarily due to violation of clause 2(6)(a) of the lease deed dated 14 September, 1983. i) By a letter dated 19 December, 2017 the application made by the petitioners for transfer in favour of Gopal Banka and Sunita Banka was also rejected. j) On 20 March, 2018 a sanction plan in respect of the premises was granted by the Bidhannagar Municipal Corporation. k) It is alleged by the petitioners that, in February 2019 construction was ultimately completed at the premises and an application was made to the Bidhannagar Municipal Corporation for obtaining an occupancy certificate.
(3.) It is in this background, that the present writ petition has been filed primarily challenging the impugned notice whereby the respondent no.3 had cancelled the offer of allotment in favour of the petitioners and requested the petitioners to hand over physical possession of the premises to the respondents.;