DHANANJOY KUMAR NANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Kalyani A dream that started out as a garrison town during the Second World War - and named after the beloved daughter of famous doctor, Nil Ratan Sarkar, by a doting and far-seeing Chief Minister, Dr. B.C. Roy, expecting it to be a model township.

(2.) The State of West Bengal, which owned all the land at the said township, desired to populate it with people and make it an alternate hub of metropolitan life, planned and developed according to a plan. Instead of ordering people to go forth and multiply, it however proceeded to allot individual plots of land of varying sizes to people for construction of houses for residential and other purposes, strictly according to plan. These plots which were allotted, were supposed to form leaseholds, where the State of West Bengal would be the lessor, and the allottee the lessee. Before a deed of lease was executed and registered, though, after allotment an agreement for lease was executed. I am told and told ad nauseam both in the body of the writ petition and the written notes of argument, that it contained Clause 9(f) which however, has not been disclosed nor the agreement for lease annexed to the writ petition, even at the time of hearing.

(3.) The State of West Bengal appears to have allotted a plot No.B11/123 measuring about 7 cottahs 14 chittaks and 34 square feet to one Mahadeb Lal Khaitan in 1951, and entered into an agreement for lease with him for 999 years from April 12, 1951. No copy of this agreement of lease has been annexed to the writ petition or disclosed in the pleadings. There is no allegation that any deed of lease was executed and/or registered pursuant thereto, in favour of the said Mahadeb Lal Khaitan. However, it is alleged that he took possession of the said plot and complied with all formalities and conditions of the agreement for lease.