SUDHINDRA NATH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners Nos. 1, 2 and 3 are the lessees in respect of residential plot nos. EC. 31 and EC 29 respectively in the Salt Lake City, Sector - 1, District 24 Parganas and they have constructed residential houses on their said plots of land in accordance with the plan sanctioned by the Salt lake Authority. The respondent no. 7 dr. Dina Nath Banerjee also took lease of E. C. plot no. 30 situated in between the lands of the petitioner no. 1 and petitioners nos. 2 and 3 from the State of west Bengal, the respondent no. 1, for a period of 999 years and he has also constructed a two storied house on the said plot of land in accordance with the plan sanctioned by the Salt Lake Authority. The said Salt Lake City was a planned city developed at the instance of the state of West Bengal and a master plan of Sector 1 of the Salt Lake City was prepared by the then Special Engineer, deb Kumar Chatterjee in 1967 wherein the residential area, the commercial area, parks etc, were shown and all the plots in E. C. Sector were shown as residential plots in the said Master plan. The petitioners as well as the respondent no. 7 applied for taking lease of plots of land in Sector I of the Salt Lake City to the respondent no. 1.

(2.) THE respondent no. 1 intimated the petitioner No. 1 Sudhindra Kumar mondal by a letter no. 1382 - ISC (A. G.)dt. February 2, 1966 that a plot of land measuring 5 kathas more or less at the salt Lake City which was being developed might be demised to him on lease for 999 years on certain terms mentioned therein. Clause (g) of the said terms provide that the plot of land will be used exclusively for residential purposes; and for no other purpose. A copy of the said letter has been annexed as annexure "c" to the writ petition.

(3.) THE petitioner no. 1 by his letter which was in the prescribed form applied for accepting the offer of allotment of land on the terms and conditions embodied therein. Term no. 9 is as follows :-"that I shall use the said land for the purpose of erecting a building for residential purposes and for no other purpose whatsoever". The said offer of the petitioner no. 1 was duly accepted by the Deputy Secretary, Irrigation and waterways, Department, Salt Lakes. A copy of the said letter has been annexed as annexure "c" to the petition.