METROPOLITAN DEVELOPMENT AUTHORITY Vs. BABY DEY

JUDGEMENT

(1.) By an indenture dated 24th August, 1995 license for a period of 99 years was granted by the appellants in favour of Sri Ananta Kumar Dutta, since deceased. One of the terms and conditions of the license was as follows:--

(2.) On the aforesaid basis, the writ petition was filed praying for the following reliefs:

(3.) The writ petition was heard by brother Dasadhikari, J. It appears from the impugned judgment that during the pendency of the writ petition the appellants by a letter dated 11th March, 2011 cancelled the offer of allotment and the amount paid by the allottee was proposed to be refunded after deduction of 20% towards payment of service charge. The learned trial Court, it appears, noticed the subsequent event and opined as follows: