GAMA HOTEL AND RESORTS PRIVATE LTD. AND ANR. Vs. WEST BENGAL INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION AND ORS.

JUDGEMENT

(1.) THE first petitioner is a company incorporated under the Companies Act, 1956 (hereafter the company). It has been carrying on business and has a hotel -cum -resort at plot Nos. H and H -3, Sector IV, Falta Industrial Growth Sector, Falta in the district of South 24 Parganas (hereafter the said centre). The second petitioner is a director of the company.

(2.) IT appears from the document being Annexure R -4 to the counter affidavit filed by and/or on behalf of the West Bengal Industrial Infrastructure Development Corporation (hereafter the Corporation) that the petitioners had applied for allotment of a plot of land in the said centre on 2.7.2004. They proposed to run a hotel from the plot of land to be allotted in their favour. Upon receipt of such application, the Corporation allotted .50 acre of land at Sector IV of the said centre, vide allotment letter dated 2.2.2006 on terms and conditions mentioned therein. It is not in dispute that the petitioners having complied with the terms and conditions mentioned in the offer of allotment, the building for the hotel was constructed and the petitioners are carrying on business therefrom.

(3.) IN this petition presented before the Court on 27.8.2009, the petitioners have questioned allotment of a plot of land by the Corporation, adjacent to their land, in favour of M/s. Mcmet India Limited, respondent No. 9 (hereafter the disputed plot).