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of the land measuring 4.4002 cottahs in Plot AE-357, Sector-I, Salt Lake is cancelled under Clause 4 of the terms of lease deed and the petitioner no.1 is directed to hand over physical possession of the said land in favour of the respondent no.4 within a period of 15 days from the date of issuance of the letter, failing which the Government of West Bengal will re-enter into the possession without further reference.

The backdrop of the present writ application is as follows:-

One Biva Rani Dasi, mother of the petitioner no.1 and grandmother of the petitioner no.2 acquired 4.4002 cottahs of land in plot no.357, Block-AE, Sector- I, Salt Lake as lessee by virtue of execution of deed of lease by Government of West Bengal on May 3, 1974, on the basis of the terms and conditions incorporated in the said lease deed. On January 6, 1976 the said Biva Rani Dasi took over physical possession of the land in question. However, the building was not constructed on the said land by the original lessee Biva Rani Dasi within a period of 3 years from the date of taking over physical possession of the land as laid down in clause 2(6) (a) of the terms of the lease deed.
It is contended on behalf of the petitioners that the original lessee Biva Rani Dasi died on May 12, 2013 at the age of 88 years. It is further contended on behalf of the petitioners that the plan was sanctioned for construction of the house on the said land in question on March 9, 1994 and the revised plan was also sanctioned in this regard on September 15, 1997. The land devolved on the petitioner no.1 as sole legal heir of the original lessee Biva Rani Dasi after her death on May 12, 2013. On July 3, 2014, the respondent no.4 issued one notice to the petitioner no.1 calling upon her to show cause within a period of 30 days from the date of issuance of the notice as to why the aforesaid plot of land will not be resumed and Government of West Bengal will not re-enter into the possession of the said land in terms of clause 2(6) (a) read with Clause 2(8) of the lease deed. On July 23, 2014 the petitioner no.1 give written reply to the show cause notice to the respondent no.4, wherein the petitioner no.1 assured that she would complete the construction of residential building within a period of one year from the date of awarding mutation in her favour. On April 10, 2015 the respondent no.4 granted mutation order in favour of the petitioner no.1, subject to the condition that the petitioner no.1 will complete the construction of the residential building on the said land within a period of six months from the date of issuance of the mutation order. However, on January 29, 2016 the petitioner no.1 submitted another application before the respondent no.4 praying for permission to transfer the land in question in favour of the petitioner no.2 who happens to be the son of the petitioner no.1 by executing the Deed of Gift. On November 23, 2016 the petitioner no.1 communicated to the respondent no.4 in writing that she would not be able to complete the construction of the building on Plot AE-357, Sector-I, Salt Lake and she is not in a position to produce the completion certificate of the building and as such she has decided to transfer the land to her son the petitioner no.2 by executing a Deed of Gift in respect of the said land. Ultimately, on December 12, 2016 the respondent no.4 passed the resumption order in connection with the said land and communicated the same to the petitioner no.1 on cancellation of the original allotment order and the Lease Deed dated May 3, 1974. The said resumption order dated December 28, 2016 (annexure 'P-16' to the writ application) is under challenge in this writ petition.