MILAN BEETHI CO-OPERATIVE HOUSING SOCIETY LTD & ORS Vs. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY & ORS

JUDGEMENT

(1.) In 2009 the Kolkata Metropolitan Development Authority decided to build a housing project in Kalyani. It comprised of blocks of building each having several flats and commercial spaces. The Authority published a brochure inviting applications from intending buyers of these flats and commercial spaces. It was specifically stated therein that the residential flats were for "outright sale". From 11th February, 2009 the brochure was circulated. The last date for buying this brochure was 24th February, 2009. An intending purchaser had to deposit an application form by 6th March, 2009. Some of the terms and conditions mentioned in the brochure are very important. Clause 8(iii) stated that the provisional allotment would be treated as confirmed upon payment of the full price by the purchaser.

(2.) The writ petitioners or some of them applied for loan to buy this property to the State Bank of India, Kalyani. The letter of the K.M.D.A. to the bank dated 23rd July, 2009 was quite clear that a flat was being sold without any "encumbrances charge or liability of any kind and the said flat is free and marketable."

(3.) Mr. Basu for the K.M.D.A. submits before me that these terms and conditions were not exhaustive. The brochure stated that the K.M.D.A. had the right to insert additional terms and conditions.