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17. Another important aspect of this case which has persuaded us not to interfere with settled rights and grant the prayers in this public interest litigation is that an affidavit on behalf of the State of West Bengal has been filed recently on 3-12-2010 revealing certain pertinent facts for proper adjudication of this case. The affidavit, sworn by Mr Abanindranath Palodhi, Joint Secretary, Urban Development Department, Government of West Bengal, has stated that guidelines for allotment of both individual and cooperative residential plots in Salt Lake City were issued by a Government Order on 7-12-1999 on the strength of the Cabinet decision taken on 10-11-1999. The then Chief Minister, late Mr.Jyoti Basu, had already allotted 276 plots out of 290 plots from his discretionary quota which were available at that point of time and presently only 14 plots are left in that discretionary quota.

18. This affidavit further states as under:

Subsequently, on 7-12-1999 four orders were issued with regard to allotment of residential plots, non-residential plots for educational institutions and for allotment of plots for cultural, institutional, industrial, commercial, etc. purposes at Salt Lake. All these notifications required advertisement in newspapers and invitation of application. But what is significant is that no guidelines had in fact been framed for allotment of plots from the discretionary quota of the Chief Minister, as a result of which all the 14 plots belonging to the discretionary quota, which were in existence in February 1999, still continue to remain unallotted. As a result, these 14 plots will no more be treated as part of the discretionary quota. (emphasis supplied by us)