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We, therefore, do not accept that no application was filed by the appellants herein as observed by the learned Single Judge in the judgment and order under appeal.

The appellants herein specifically cited several instances in the writ petition with regard to allotment of plots of land in pick and choose manner and alleged discriminatory treatment by the respondent authorities.

The Principal Secretary, Urban Development Department, Government of West Bengal affirmed an affidavit before this court at the time of hearing of this appeal wherein it has been disclosed that the allotment of commercial plots at Salt Lake prior to 1999 (with which we are concerned now) was considered on case to case basis with the approval of the then Minister-in-charge, Urban Development Department or the Chief Minister. The relevant paragraph of the said affidavit affirmed by the Principal Secretary, Urban Development Department is quoted hereunder:

In the aforesaid affidavit, Principal Secretary, Urban Development Department, Government of West Bengal did not mention any other policy or guidelines in the matter of allotment of commercial plots at Salt Lake. It has not been argued on behalf of the respondent authorities that the claim of the appellants for allotment of commercial plot was rejected upon considering the project report and/or source of funding or due to non-approval of the then Minister-in-charge, Urban Development Department/Chief Minister.

In both the aforesaid reasoned orders, Principal Secretary never mentioned that the claim of the appellants for allotment of plot in the Salt Lake area was considered on merit and rejected upon scrutinising the project report or source of funding etc. The respondent authorities also did not disclose whether the case of the appellants was considered on merit at the relevant time and the approval of the then Minister-in-charge/Chief Minister was at all sought for as per the policy and/or guidelines allegedly prevailing at that point of time regarding allotment of plots at Salt Lake.

In any event, we do not find any written policy and/or guidelines with regard to allotment of commercial plots at Salt Lake. Undisputedly, no Government order, notification and/or Memorandum was produced before this court authorising the then Minister-in-charge, Urban Development Department or the Chief Minister, Government of West Bengal to accord approval in the matter of allotment of commercial plots at Salt Lake. It has also not been disclosed before this court on what basis the then Minister-in-charge, Urban Development Department or Chief Minister used to grant approval in the matter of allotment of commercial plots at Salt Lake area without framing any policy and/or guidelines.