ARINDAM MUKHERJEE,J. - (1.) On the prayer of the learned advocate for the appellants, leave granted for the purpose of making certain minor corrections in the cause title of the Memorandum of Appeal and the application for stay.
(2.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(3.) The instant appeal arises out of a judgment and order dated 19th June, 2019, passed by a learned Single Judge in WP 3347 (W) of 2013 (M/s. Jalan Intercontinental Hotels and Anr. vs. Kolkata Metropolitan Development Authority and Ors.). By the impugned judgment and order, the learned Single Judge was pleased to dispose of the writ petition in the following terms:- "7. Accordingly, I hold that the respondent no.1 had no jurisdiction to issue Annexure P/18 dated January 21, 2013 on the basis of a clause in the letter of allotment and a policy, which were alien to the deed of lease and not included therein, and also contrary to the Transfer of Property Act, 1882, as demonstrated above. It could not resurrect the general conditions of allotment which it had not imposed as a covenant in the deed of lease, after the execution of the deed of lease, even on the basis of clause xx of the general terms and conditions of allotment as extracted above. The demand of penalty as in Annexure P/18 stands quashed. The interim order passed earlier merges with this, and no restriction is imposed by this court on transfer or subletting the said leasehold or any part thereof, in terms of the deed of lease. The writ petition is allowed as above. There shall be no order as to costs." ;