So far as the decision of Smt. Kabita Saha (supra)
passed in Writ Petition No.31206(W) of 2017 is concerned,
the same has been set aside in FMA 1069 of 2019.
In the case of Kabita Saha (supra), however, the facts were
somewhat different. The co-ordinate Bench took into
consideration the difficulties in raising a construction and the
permissions required therefor, giving relaxation of the time for
completion of the construction on the basis of such difficulties
and impediments. However, such benefit is not available to
the present appellants, since similar impediments do not visit
the payment of balance salami. Even otherwise, no
satisfactory reason for such non-payment has been given by
the appellants, although the same loses relevance in view of
the clauses of the allotment order stipulated stipulating a time-
limit not being mandatory, as held above.
In the case of Kabita Saha (supra), however, the facts were
somewhat different. The co-ordinate Bench took into
consideration the difficulties in raising a construction and the
permissions required therefor, giving relaxation of the time for
completion of the construction on the basis of such difficulties
and impediments. However, such benefit is not available to
the present appellants, since similar impediments do not visit
the payment of balance salami. Even otherwise, no
satisfactory reason for such non-payment has been given by
the appellants, although the same loses relevance in view of
the clauses of the allotment order stipulated stipulating a time-
limit not being mandatory, as held above.