- (1.) This first appeal from order has been filed by the U. P. State Industrial Development Corporation Ltd. (hereinafter referred to as 'the Corporation') against the order dated 21.7.2006, passed by the District Judge, Ghaziabad in Misc. Case No. 115 of 2000, D.S. Mathur v. U.P. State Industrial Development Corporation Ltd. and Anr., whereby he has set aside the award dated 31.12.1999, passed by the Collector, Ghaziabad in Case No. 41/98-99 between Smt. Leela Mathur and U. P. State Industrial Development Corporation Ltd.
(2.) The facts of the case are that a plot No. D-107 Bulandshahr Road, Ghaziabad was allotted to Sri D. S. Mathur (hereinafter referred to as the. allottee) on 15.7.1971. Certain conditions were contemplated in the allotment letter and the allottee applied for extension of time to complete the constructions, which was rejected by the Corporation on 29.8.1971. On 9.1.1973, a reminder was sent to the allottee regarding completion of construction and registration of a lease deed. The lease deed was executed on 3.7.1973 in favour of proprietor M/s. Mason Mathur Engineering. On a report obtained by the Corporation it was found that the plot was being used for a purpose other than for which it was allotted and notice was given to such effect as also that the allottee is in default of the payment schedule. A recovery certificate was issued on 10.8.1976 for recovery of certain dues upon the allottee as arrears of land revenue and in default the Collector, Ghaziabad issued notice for auction sale of the plot. The Corporation alleges that it had sent several notices during the years 1975, 1976 and 1984 to the allottee at his address at Ghaziabad and also at his address at London (U. K.) but when no response was received the lease was forfeited and determined and re-entry by the Corporation was ordered. The Corporation alleges to have re-entered the plot on 24.2.1986 and subsequently it was allotted/transferred by the Corporation to some other persons and ultimately to one Sri Mohan Lal Arora, Proprietor M/s. Gears (India) on 19.2.1992, which was followed by execution of a Registered lease deed on 24.4.1992 in his favour.
(3.) The case of the Corporation is that on 4.3.1998 the wife of Sri D. S. Mathur namely Smt. Leela Mathur made an application for invoking the Arbitration Clause contained in the lease deed. The Corporation claims to have appeared before the Arbitrator and filed their detail objections and the documents as evidence whereupon the Collector, Ghaziabad/Arbitrator gave an award on 31.12.1999, wherein he rejected the application of Smt. Leela Mathur on the ground of limitation and maintainability.;