SAMAR SENGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The short question which arises for consideration in this judgement is whether the offer of allotment made by the Urban Development Department (UDD), Government of West Bengal (erstwhile Metropolitan Development Department) of a residential Plot of land at Salt Lake, Kolkata (for short the said Plot or the Plot) on the 30th of October, 1981 is void ab initio since the petitioner then was admittedly a Minor.

(2.) The petitioner argues through Mr. Arabinda Chatterjee, Learned Senior Counsel assisted by Mr. Arkadipta Sengupta, Learned Counsel, that the UDD took all steps in furtherance of the Offer Letter dated 30th of October, 1981. The petitioner was asked to submit several documents in support of his application for allotment and to deposit salami in connection with the allotment, which the petitioner did through his father. The petitioner also submitted undertaking for payment of the salami by his father.

(3.) It is submitted that all deposits and/or payments connected to the plot were duly received by the UDD without demur. It is also submitted that there was no suppression of the age of the petitioner since all particulars, including the date of his birth which is 21st November, 1968, was forwarded to the UDD by the father of the petitioner at the time of applying.