KAMLA NEHRU MEMORIAL TRUST Vs. U P STATE INDUSTRIAL DEVELOPMENT CORPN LTD
LAWS(ALL)-2009-5-41
HIGH COURT OF ALLAHABAD
Decided on May 27,2009

KAMLA NEHRU MEMORIAL TRUST Appellant
VERSUS
U.P.STATE INDUSTRIAL DEVELOPMENT CORPN.LTD. Respondents

JUDGEMENT

Satish Chandra, J. - (1.) HEARD Sri Ram Raj, learned counsel for the petitioner and Sri Asit Kumar Chaturvedi, learned counsel for the opposite parties. On 10.07.2003, the petitioners submitted an application on the prescribed form before opposite party no.2 for allotment of 125 acres (undeveloped) land in Utelwa Industrial Area, Jagdishpur, District Sultanpur and along with the application a demand draft for Rs.62,600/- was also submitted and in pursuance of the application of the petitioner the opposite parties allotted 125 acres of (undeveloped) land in Utelwa Industrial Area, Jagdishpur, District Sultanpur to the petitioners for floriculture project and an allotment letter was also issued in favour of the petitioners on 18.09.2003. Through the allotment letter dated 18.09.2003 the petitioners were required to deposit reservation amount of Rs.12,02,187.50 by 18.10.2003. Since the amount was not deposited by the petitioners before 18.10.2003, another letter was issued by the opposite party no.2 to the petitioners on 04.11.2003 and they were directed to deposit Rs.12,31,830/- along with interest towards reservation amount by 17.11.2003. The petitioners in compliance of the letters dated 18.09.2003 and 04.11.2003 deposited Rs.12,31,830/- through two demand drafts on 17.11.2003. The petitioners have also alleged that on 27.06.2005 they deposited Rs.1,55,228/- and Rs.1,01,125/- through two separate demand drafts towards lease rent upto 31.03.2006 and as the possession of the land was not delivered and a letter dated 13.12.2006 was issued to the petitioners, they filed the instant writ petition. During the pendency of the petition the allotment of the petitioners was cancelled by the order dated 15.01.2007 which the petitioners have challenged through amendment application which was allowed by this Court. After considering the averments made in the counter affidavit an order was passed on 12.03.2007 by which the petitioners were directed to deposit Rs.91,27,139.65 within a week and they were also directed to move an application for restoration of the allotment and in compliance of the said order a sum of Rs.91,27,139.65 was deposited by the petitioners and an application for restoration was also moved. Sri Asit Kumar Chaturvedi, learned counsel for the opposite parties submits that the opposite parties have not encashed the demand drafts for Rs.91,27,139.65. Since the allotment was cancelled during the pendency of the writ petition, we dispose of the writ petition with a direction to the opposite parties to restore the allotment order of the petitioners, irrespective of the order dated 15.01.2007, without charging any restoration amount, keeping in view the peculiar facts and circumstance of the case, within two weeks from the date a certified copy of this order is produced and the petitioners shall be bound to complete all the formalities in accordance with the allotment letter dated 18.09.2003. The petitioners shall also file an affidavit before the authorities concerned to the effect that they will complete the floriculture project within a period of one year from the date the possession of the land is delivered to them. Since we have already passed a direction to restore the allotment order in favour of the petitioners, the petitioners are directed to revalidate the demand drafts for Rs.91,27,139.65 before any order of restoration is passed. The opposite parties shall execute the lease deed within four weeks and within this period the petitioners shall complete all the formalities required for execution of the lease deed and thereafter the opposite parties shall deliver the possession to the petitioners.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.