LAWS(CAL)-2023-6-126

CHHOBI MALLIK Vs. STATE OF WEST BENGAL

Decided On June 13, 2023
Chhobi Mallik Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) It is not disputed that the petitioner has been residing in England. Sometimes in 1974, she decided to have a plot of land in the then upcoming city of Salt Lake. Indisputably she filed an application on 13/3/1974 before the competent authority praying for allotment of land measuring approximately about 4 Kathas in Salt Lake Township. It is also on record that on 6 th May, 1974 "letter of offer of allotment" was made in favour of the petitioner containing certain terms and conditions. For our purpose Clauses b, d, f and j are relevant and quoted below:-

(2.) It is submitted by the learned Advocate by the learned Advocate for the petitioner that on receipt of the above-mentioned letter dtd. 6/5/1974, the petitioner deposited 50 per cent. of the salami in favour of the concerned authority.

(3.) It is also an accepted position that the application accepting offer of allotment of land was not executed by the petitioner till date on the ground that the respondent authority never intimated him with the plot of land was ready for delivery which is the condition precedent for execution of the said application on payment of the balance amount of salami.