SAROJ SHAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The second respondent, The West Bengal Housing Board (for short, the Housing Board) since about 2004 was engaged in the process of construction of a Mega Housing Complex at New Town, Rajarhat under the name and style "Eastern High" (for short, the Housing Project) comprising of about 440 nos. of residential units/flats. Under the scheme of allotment, the flats were to be allotted on the basis of lottery only. The possession of the flats were scheduled initially to be delivered in December, 2008.

(2.) The writ petitioner came to know that there were several flats which remained either unallotted or the allotments were cancelled and were to be offered for purchase amongst the public at large on the basis of lottery on certain revised terms and conditions and at an increased consideration than the original terms.

(3.) On the basis of the said information the writ petitioner obtained the necessary brochure from the Housing Board and applied to obtain one such residential flat in his name. The petitioner duly deposited the application money for a sum of Rs.2.00 lakhs on December 13, 2007, such deposit was duly received and acknowledged by the Housing Board.