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6. According to the petitioner in the year 1970, the demand of plots in Salt Lake City was not so high, but still at that point of time the Government used to invite applications from the intending buyers by an open declarations and/or advertisements. Thereafter, from time to time, the demand for plots in Salt Lake City was gone up and since 1978 during the regime of this present Government large number of plots were distributed. According to the petitioner such distribution was not done through open declarations and/or public advertisements in the newspapers. The further allegation was that no criteria was fixed, no guideline was kept in view for such distribution. Furthermore, application was not invited and the allotment of the said plots in the Salt Lake City were made in clandestine cloistered manner.

8. There was no advertisement for general public to know as to how many plots were available for allotment or the eligibility to get a plot of land in Salt Lake City. Thus the public properties have been doled out arbitrarily.

9. The petitioner also called upon the respondent No. 4 to produce the entire records relating to allotment of plots of land in Salt Lake City as per the Hon'ble Chief Minister's discretion before the High Court at the time of hearing of this application.

10. The further allegation has been made in connection with the allotment made by the Hon'ble Chief Minister in favour of his brother-in-law Shri Subimal Bose alias Bimal Bose while he was a patient of cancer. The allegation has been made that such allotment have been done from the discretionary quota of the Hon'ble Chief Minister and subsequently the said brother-in-law of the Hon'ble Chief Minister bequeathed a will in favour of the grand-daughter of the Hon'ble Chief Minister in respect of me said plot. The said plot No. is block FD, No. 452-B. Such informations were received by the petitioner from a report published in the daily Bengali newspaper known as Bartaman published on May 30, 1997, a copy of the said newspaper is also annexed to the said petition.

(3) Any person who is aggrieved by an order of Administrator under Sub-section (2) may, within such period as may be prescribed, prefer an appeal to the State Government and the State Government shall pass such order upon such appeal as it considers necessary.

(4) No further appeal shall lie against the order passed by the State Government under Sub-section (3)."

13. According to Mr. Ghosh, till 1977 and also thereafter any person desiring to obtain a plot in Salt Lake City used to make an application to the Administrator and the Administrator used to allot plot to the allottees in accordance with the said Section of the said Act. Thereafter, in the year 1980/81 a Committee was formed comprising of the Chief Minister, the then Urban Development Minister Mr. Prasant Sur, Mr. Subhas Chakraborty, the local M.L.A. and the Secretary of the Urban Development Department and the said committee started recommending the names of the persons for allotment of the said plots at the Salt Lake City and the persons used to get the allotment on such recommendation of the said Committee.

15. He further submitted that the affidavit filed on behalf of the respondents shows that 2185 plots in Sector I and II were distributed as Special Allotment by the Hon'ble Chief Minister and the concerned Minister-in-charge. In 1984 an association of the Salt Lake moved a writ petition before this Court being C.O. 15381 W/1984 challenging the deviation of the Master Plan and during the course of hearing it transpires to the Government that it is only the Administrator as in accordance with the said Act, could allot a plot of land in the Salt Lake and the committee which was formed, was illegal and the distribution by the said committee was also illegal. In view of that realising such legality the said Act was again amended. Such amendment came into force on and from 20th July, 1985. Such amendment was also challenged in a writ petition being No. 7553 W/1986 by the Bidhannagar Welfare Association. The said writ application was moved on 20th June, 1986 and an order was passed by his Lordship B. P. Banerjee, J. (as his Lordship then was) which is annexed to the supplementary affidavit to the writ petition being Annexure H1. From time to time orders were passed on the said application. Ultimately, on June 11, 1987 the entire order was varied to the extent "that the said order will not prevent the Chief Minister to make allotment of plots in Salt Lake City area from his own quota according to his own discretion". Such variation was made by his Lordship B. P. Banerjee, J. Mr. Ghosh further submitted that the said application was made "partly heard" by his Lordship B. P. Banerjee, J. and the said application is still pending and the same could not be placed before any other Bench since the matter was kept part heard until he retired. The said matter is still pending and the interim order passed thereon is still subsisting.