- (1.) We have heard Sri R.S.Mishra, learned counsel for the petitioner, learned Standing Counsel for respondents 1 to 3 and Sri Anoop Kumar Srivastava for newly added respondents 4 & 5.
(2.) The petitioner has approached this Court challenging the order dated 12.7.2006 passed by the respondent no. 2, General Manager, District Industrial Centre, Allahabad cancelling the allotment of industrial plot in favour of the petitioner on the ground of violation of certain conditions of the allotment order as well as lease deed.
(3.) Facts, in brief, necessary for adjudication of the dispute are as under : In pursuance of an advertisement in the newspaper for allotment of plots for industrial purpose, an application was made on behalf of M/s.Sigma Paints & Varnish of which the petitioner and one Brahmdeo Mishra were partners. Vide allotment order dated 13.7.1992 plot no. G-54 was allotted in the name of M/s.Sigma Paints & Varnish. One of the terms and conditions of the allotment order was that the allottee shall start raising construction of the industry within 6 months from the date of allotment and within 18 months shall start production. It appears that the industry could not be established and in 1997 the partnership firm was dissolved and on the basis of mutual consent between two partners of erstwhile M/s.Sigma Paints & Varnish, 50% area of plot no. G-54 was divided into two parts as G-54A and G-54B. Vide another allotment order dated 28.09.1998 plot no. G-54A was allotted in favour of the petitioner. Again the terms and conditions of the allotment order provided that the allottee shall start raising construction of the industry within six months from the date of allotment and shall start production within 18 months. A duly registered lease deed in favour of the petitioner was executed in respect of plot no. G-54A. The terms of the lease provided that the lessee will pay to the Governor premium of Rs.23506/- with interest thereon computed from the date of 28.8.1998 at 6% per annum, out of which Rs.2351/- was already deposited by the lessee so far and the balance was to be paid in 10 annual equated instalments commencing from from 28.08.1998 each year. The terms further provided that the instalment shall be payable commencing 28.8.1998 each year and yearly instalment shall be due 29 day of August every year and shall be deposited within one calender month. The terms of the lease further provided that the lessee will at his own cost erect on the demised premises in accordance with the layout plan, elevation and design prepared by the Town & Village Planner, Govt. of U.P. and such construction will commence within 6 months and will completely finish within a period of 18 months from the date this present.;