“The Hon’ble Supreme Court of India by its order dated 15th May, 2023 has upheld the judgment passed by the Division Bench of Hon’ble Calcutta High Court affirming the decision of West Bengal Housing Infrastructure Development Corporation (for short WBHIDCO) cancelling the allotments of land in New Town under the Chairman’s Discretionary Quota on 28th February, 2011 which was right before the imposition of Model Code of Conduct before the West Bengal Assembly Elections, 2011.
Board of WBHIDCO had approved a policy for allotment of residential and non-residential lands respectively, on the basis of Chairman’s Discretionary Quota in New Town.
Upon change in Government, the new Board of WBHIDCO, upon discovering the gross illegalities in allotment of land in New Town under the Chairman’s Discretionary Quota, abolished Chairman’s Discretionary Quota and cancelled all allotments made on or after 28th February 2011.
The said cancellation was challenged by numerous Writ Petitions before the Hon’ble Calcutta High Court. The Hon’ble Court had by a reasoned judgment dated 13th May, 2015 upheld the said cancellations on the ground that the newly elected Government was within its right to abolish such discretionary quota in light of the vagueness and arbitrariness and the gross illegality involved in the process of allotment of land.
Aggrieved by the said Judgment various appeals were filed before the Division Bench of the Hon’ble High Court at Calcutta. The Hon’ble Division Bench by its Judgment and Order dated 3rd November, 2022 was pleased to dismiss all the appeals on the ground that allotments made under the said Discretionary Quota of the Chairman of WBHIDCO was tainted, completely arbitrary, discriminatory and was grossly violative of Article 14 of the Constitution and thus upholding the decision of the Learned Single Judge.
Two out of the several Appellants had filed Special Leave Petition challenging the decision of the Division Bench of Calcutta High Court. By an order dated 15th May, 2023 the Apex Court has refused to interfere with the judgment assailed and has dismissed the said Special Leave Petitions.
WBHIDCO was represented by Fox & Mandal led by Mr. Debanjan Mandal, Managing Partner, Mr. Kunal Vajani, Joint Managing Partner, Mr. Sandip Dasgupta, Partner, Mr. Kunal Mimani, Partner, Mr. Kartikey Bhatt, Senior Associate, Mr. Aviroop Mitra, Associate, Mr. Shubhang Tandon, Associate and Ms. Mahima Cholera, Associate.