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B.R. GAVAI, J.

1. Leave granted.

2. Heard Shri Nalin Kohli, learned Senior Counsel for the appellants, Ms. Madhumita Bhattacharjee, learned counsel for respondent No.7 and Shri Kartikeya Bhatt, learned counsel appearing for the officers of the West Bengal Housing Infrastructure Development Corporation Limited (for short, ‘HIDCO’).

8. The facts, in brief, giving rise to the present appeals are as under:

8.1 In a response to an offer made by the appellants herein, the respondent(s)/HIDCO by its letter dated 6th April 2011 promised to convey to them on freehold basis a piece of land bearing Plot No.IIE/17 in Jyoti Basu Nagar also known as New Town, Kolkata. By the said letter dated 6th April 2011, HIDCO had agreed to convey the land to the appellants on freehold basis @ Rs.13.364 lakhs per cottah aggregating to Rs.4,00,92,000/-. According to the said letter, the earnest money of 25% aggregating to Rs.1,00,23,000/- was to be paid within 30 days from the said letter followed by the payment of the balance amount of Rs.3,00,69,000/- within a period of 60 days thereafter. Accordingly, the appellants had deposited the entire amount of Rs.4,00,92,000/-. 8.2 On 24th August 2012, HIDCO addressed a letter to the appellants stating that the earlier allotment was done during the period when Model Code of Conduct was in place on account of West Bengal Assembly General Elections, 2011.

The said letter stated that due to those circumstances, the decision of allotment was reviewed. It was decided that the allotment would not be on a freehold basis but on leasehold basis for 99 years and the sale price was to be treated as a lease premium.

8.3 The said letter was responded by the appellants on 16 th November 2012 on various grounds. It was submitted that the Model Code of Conduct did not forbid transfer of land by HIDCO or any other Government company. It was also stated that the effect of the grant of lease for 99 years and the sale was the same, inasmuch as both were transfers under the Transfer of Property Act, 1882. The appellants therefore requested HIDCO to revoke their letter dated 24th August 2012.

8.4 On 12th October 2012, HIDCO forwarded a draft deed of lease to the appellants asking them to execute the same. It appears that there were certain correspondences between the appellants and HIDCO, which took place thereafter. After some time, the Government came up with a land allotment policy on 26th December 2012. On coming into effect of the said policy, a letter was addressed by HIDCO to the appellants on 14th January 2013 stating that in view of the change in policy, there would be certain changes in the proposed lease deed.