ASHOK KUMAR SHARMA Vs. U.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. AND ORS.
LAWS(ALL)-2015-8-278
HIGH COURT OF ALLAHABAD
Decided on August 31,2015

ASHOK KUMAR SHARMA Appellant
VERSUS
U.P. State Industrial Development Corporation Ltd. And Ors. Respondents

JUDGEMENT

- (1.) Heard Shri J.J. Munir, learned counsel for the petitioner. Despite case being called out in the revised list, no one appears on behalf of the respondents, though name of Shri Anuj Pratap Singh, Shri Arvind Srivastava and Shri Arvind Singh are shown in the cause list. However, the counter affidavit filed on behalf of the respondents through Shri Arvind Srivastava is on record.
(2.) Factual matrix of the case, in brief, as set out in the pleadings of the parties, is as under.
(3.) An application was made by the petitioner on 27.09.2000 before respondent no. 1, U.P. State Industrial Development Corporation Ltd. (hereinafter referred to as 'respondent-corporation') for allotment of an industrial plot for an area of 200 sq. mtr. The application was accompanied with a project report for setting up an industrial unit on the plot applied for manufacture of iron hardware. After processing the application, an allotment order dated 03.10.2000 was issued to the petitioner. Apart from other, the terms and conditions of the allotment letter contained a stipulation in clause 13 that the allottee will have to take over possession of the land executing the licence agreement within 30 days from the date of inviting him to do so or within three months from the issuance of the letter, whichever is earlier. Clause 15 (a) contained a stipulation that if the allottee fails to execute licence agreement/lease deed and/or take possession of the land as mentioned within the time stipulated in clause 13, the allotment may be liable to be cancelled.;


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