KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY & ORS Vs. DINABANDHU ANDREWS INSTITUTE OF TECHNOLOGY MANAGEMENT & ANR

JUDGEMENT

(1.) The appeal is at the instance of the respondents in the writ petition. The writ petitioners are the respondent Nos. 1 and 2 in the appeal. The appellants challenge the final order dated 16th July, 2018 allowing the writ petition in terms of prayer (a) thereof. The prayers in the writ petition are set out hereinunder for the sake of convenience:-

(2.) The facts of the case reveals that by a registered document described as "Deed of License" dated 28th September, 2008 KMDA, the appellant no.1 leased out an aggregate area of 38.049 cottah being plot no S-406 and P-12 to the respondent no.1/writ petitioner no.1 for a period of 99 years on the terms and conditions mentioned therein. Some of the relevant terms of the said document are reproduced hereinunder:-

(3.) It will appear from Clause 4(ii) of the said document that the licensee (writ petitioner/respondent no. 1) is liable to pay all rent, taxes and other impositions in respect of the land and structure to be erected therein. Clause 4 (iii) threrof provides that the licensee within 24 months from the date of issue of allotment letter or within such further time as the authority may at its option allow in writing on sufficient and reasonable ground to start the construction. The said Clause further provides that on failure on part of the licensee to start construction within two years or within the extended time and/or complete the construction works of the project within three years from the date of issue of the allotment letter the license shall be terminated by the authority with deduction of 20 per cent of premium paid by the licensee as service charge and the remaining amount shall be refunded without any interest.