JUDGMENT : I.P. Mukerji, J. In 2009 the Kolkata Metropolitan Development Authority decided to build a housing project in Kalyani. It comprised of blocks of building each having several flats and commercial spaces. The Authority published a brochure inviting applications from intending buyers of these flats and commercial spaces. It was specifically stated therein that the residential flats were for "outright sale". From 11th February, 2009 the brochure was circulated. The last date for buying this brochure was 24th February, 2009. An intending purchaser had to deposit an application form by 6th March, 2009. Some of the terms and conditions mentioned in the brochure are very important. Clause 8(iii) stated that the provisional allotment would be treated as confirmed upon payment of the full price by the purchaser. 2. The writ petitioners or some of them applied for loan to buy this property to the State Bank of India, Kalyani. The letter of the K.M.D.A. to the bank dated 23rd July, 2009 was quite clear that a flat was being sold without any "encumbrances charge or liability of any kind and the said flat is free and marketable." 3. Mr. Basu for the K.M.D.A. submits before me that these terms and conditions were not exhaustive. The brochure stated that the K.M.D.A. had the right to insert additional terms and conditions. 4. However, the fact remains that each of the petitioners paid the entire consideration and obtained a possession certificate. 5. It was for the first time in the possession certificate that one finds the appearance of a term that the purchaser would not be able to re-transfer the flat within five years and that in exceptional circumstances K.M.D.A might allow transfer after receiving fifty percent of the sale price from the purchaser. 6. In this case no formal agreement for sale was drawn up. The purchasers took possession of the flats on the basis of the representation made including those in the brochure inviting offers for sale of the flats and spaces. It was clearly stated in the brochure that the sale was outright or in other words the sale was absolute. The entire price was taken by K.M.D.A and the purchasers put in to possession. At the time of putting the purchasers in possession certain additional terms and conditions were sought to be inserted. 7. It was clearly stated in the brochure that the sale was outright or in other words the sale was absolute. The entire price was taken by K.M.D.A and the purchasers put in to possession. At the time of putting the purchasers in possession certain additional terms and conditions were sought to be inserted. 7. Now, in my opinion, when an intended sale has been concluded on the basis of declared terms and conditions, the vendor cannot change those terms and conditions, at the time of execution of the conveyance. Those terms and conditions could only be changed if the purchaser agreed. The vendor K.M.D.A. was obliged to execute the conveyance and register the same strictly according to the terms and conditions under which it tried to sell the flats. With regard to Mr. Basu's submission, that according to the brochure, if a particular term or condition had been left out that could be inserted by K.M.D.A at the time of sale, even then new terms and conditions could only be introduced by consent of the parties and not unilaterally. Therefore, the stipulation by K.M.D.A. in the draft conveyance in Clause 2(g)(i) and (ii) are against the agreement and are struck off by this Court. K.M.D.A. is directed to execute the sale deed and register the same without the said clauses strictly in accordance with the terms and conditions in the brochure within eight weeks of communication of this order. 8. The writ application is thus disposed of. 9. Urgent certified photocopy of this order, if applied for, be supplied to the parties on priority basis.