- (1.) Heard Sri Amrendra Pratap Singh, learned counsel for the petitioners, Sri Prabhakar Awasthi, learned counsel for the respondent Nos. 2 and 3 and learned Standing Counsel for the State.
(2.) The petitioners are admittedly valid allotties of the industrial plot by the U.P. State Industrial Development Corporation Limited (hereinafter referred to as 'Corporation') - the 2nd respondent. The allotment of the plot was done on 20th April, 2011 and the petitioners claim to have paid the entire premium amount between 1st July, 2012 and 1st July, 2017. Consequently, a registered lease deed came to be executed on 15th October, 2011. The petitioners' claim was that though formal possession letter came to be issued on 10th July, 2012 on account of serious opposition by the villagers blocking the passage to the plot but in the absence of any clear approach to the plot, the petitioners could not carry out the exercise of construction work over the plot and it is reiterated that virtually there was no physical possession given of the plot. Ultimately, the Corporation managed and facilitated the physical possession of the plot to the petitioners by executing the possession memo on 9th February, 2016. So, the petitioners claim, no project work could be started prior to 9th February, 2016. However, barely 9 months had passed the date of physical delivery of the plot that the respondent Corporation issued notice to the petitioners for not completing the construction work/ set up of an industrial unit within five years as prescribed for under the allotment order and it was provided that the petitioners may apply for extension of time in accordance with law and terms of allotment. The petitioners pleaded for waiver of the extension fee from 2011 to 2016 as he was denied possession for none of his fault but no heed was paid to his request and surprisingly a letter was issued to him on 25th October, 2017 making a demand of charges to the tune of Rs.12,29,859/- payment of which was to be done by 31st December, 2017 failing which the allotment was liable to be cancelled. The petitioners treated it to be an illegal act, on the part of the respondent Corporation, of charging penalty and, accordingly represented the matter.
(3.) Relying upon certain clauses of the lease deed, the petitioners allege in the writ petition that they filed earlier a writ petition bearing Writ-C No.- 5250 of 2018 for quashing the demand note dated 10th May, 2017 and letter dated 15th May, 2017 that had been issued, to the extent it provided for cut off date as 31st December, 2017 and while the matter came up for hearing on 7th February, 2018 the Corporation informed that vide order dated 23th January, 2018 the lease itself has been cancelled. Consequently petitioner filed another Writ-C No.- 7331 of 2018 in which following order was passed:- "Heard Mr. Siddharth Nandan, learned counsel for the petitioners and Mr. Prabhakar Awasthi, learned counsel for respondent nos. 2 and 3 - Corporation. This petition basically challenges the order dated 23.01.2018 passed by the respondent Corporation, cancelling allotment made in favour of petitioners of industrial plot bearing No. B-22, IIDC, District Chandauli, on the ground that petitioners did not complete/commence construction of their industrial unit within 18 months from the date of possession. Admittedly, possession was handed over to the petitioners on 9.02.2016. It appears that on 25.10.2017, the respondent Corporation had issued a letter to the petitioners, asking them to deposit a sum of Rs. 12,29,859/- with an application seeking extension of time to commence and complete the construction within time frame. Petitioners did not make the payment and, hence, the impugned order has been issued. Counsel for the petitioners, on instructions, submits that petitioners are prepared to deposit the amount, as per letter/order dated 25.10.2017, unconditionally and the respondent Corporation may be directed to consider their request for restoration of the plot allotted to them and extend the time to make construction of industrial unit as per Additional Condition No.2 in the lease agreement dated 15.10.2011. Counsel for the respondent Corporation submits that if petitioners make the payment, as aforementioned, the respondent Corporation shall consider the same and pass appropriate orders within two weeks thereafter. His statement is recorded and accepted. In view thereof, we dispose of this writ petition with liberty to the petitioners to make payment of Rs. 12,29,859/- to the respondent Corporation within a period of 15 days from today. On such payment being made by petitioners, the respondent Corporation shall consider their request and pass appropriate orders within a period of two weeks thereafter.";