SONATA FOUNDATION Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) For setting up of a Nursery in the proposed green area of AA-1B in New Town, an area of 2977 square meter (approx.) was given to the petitioner on permissive possession on purely temporary basis on the terms and conditions mentioned in the letter dated 28th June, 2010, written by the Chief Engineer (Estate Management) of West Bengal Housing Infrastructure Development Corporation Limited, addressed to the petitioner, namely, Sonata Foundation, Kolkata. Possession of the said land was handed over to the petitioner on 1st July, 2010. Subsequently, permission was also granted to the petitioner for construction of temporary structure inside the premises on 17th July, 2010.

(2.) Administrative approval and financial sanction were accorded for an amount of Rs. 6,63,000/- only for setting up a Nursery in the said premises. In the work order, which was issued on 24th September, 2010, it was mentioned in column 3 that the said administrative approval and/or financial sanction were given for the period of work during the year of 2010-11. Pursuant to the said work order issued by the concerned authority, the petitioner herein carried out the work of setting up a nursery in the said plot of land by spending a sum of Rs.6,16,875/- and the bill showing incurring such expenses by the petitioner for setting up the said nursery therein was forwarded to the Chief Engineer (Estate Management), HIDCO Ltd., by the petitioner along with a letter written by the Secretary of the petitioner company on 11th April, 2011.

(3.) Subsequently, by a letter written by the Senior Architect, NKDA, dated 15th March, 2012, the petitioner was asked to stop all activities of raising structure in the said premises on the ground that work of construction with bricks were being made without obtaining sanction from the sanctioning authority of NKDA. Ultimately, the allotment of the said plot of land to the petitioner was revoked by a notice issued by the Estate Manager, HIDCO Ltd., dated 2nd April, 2012, on the ground that the said plot of land falls within the area earmarked for BD Block Park and New Town-Kolkata Development Authority had started preparation for construction of the park over the said plot of land which was required for the use of the Township. By the said notice the petitioner was called upon toreturn the said land to WB HIDCO Ltd. within 15 days from the date of issue of the said letter, in its original condition. On receipt of the said letter, the petitioner submitted a representation before the authority for recall of the said order of revocation but the petitioner's such prayer was not allowed by the concerned authority vide its order dated 22nd March, 2012, appearing at page 81 of this writ petition.