- (1.) Challenge in the present writ petition is to the order (Annexure P-20) dated 14.11.2008, whereby the plots No. 47-58, Sector 6, at Growth Centre, Bawal was cancelled and the order in appeal (Annexure P-28) dated 9.11.2009, whereby the appeal against the said order was dismissed. The petitioner was allotted plots in dispute measuring 21600 square meters at a tentative price of Rs. 1,72,80,000/-for the project of setting up a candy plant as per the allotment letter dated 23.6.2005 (Annexure P-1) appended with the petition. In terms of the conditions of letter of allotment, petitioner was to start construction of the building as per the approved building plans within a period of one year of the offer of possession and was required to start commercial production within a period of three years from the date of offer of possession. Relevant clauses from the letter of allotment reads as under: 8. Schedule of Construction & Going into production: a. The allottee shall start construction of building as per approved building plans within a period of one year of offer of possession and will be required to start commercial production within a period of three years from the date of offer of possession. However, in case, the allottee is not able to start construction within one year, extension can be granted by the HSIDC, Competent authority for a maximum period of one year, if the allottee is able to satisfy the authority that the allottee could not start construction for reasons beyond his control. A further extension of six months can also be allowed to start construction on payment of prescribed extension fee if the allottee has taken any of the following effective steps for implementation of the project: i) Approval of building plans. ii) Placement of orders for machinery and other capital goods. iii) Financial tie up including public offer of shares. iv) Technical and marketing tie up. v) Force-Majeure. vi) Any other vagary of circumstances beyond investor's control inflicting a serious handicap on his ability to implement the project i.e. sever sectoral or global recession. Similarly, the period of commencement of production can be extended by the HSIDC/Competent authority for a period of one year subject to the allottee satisfying the authority that he could not go into production within three years of the date of offer of possession for reasons beyond his control and he took effective steps for implementation of the project. Extension in such period for commencement of commercial production beyond three years shall be granted only if 10% of the permissible ground coverage has been constructed and effective steps have been taken by the allottee for the completion of project. Similarly, second extension of one year for completion of the period i.e. after four years form the date of offer of possession will be allowed incase where the allottee has achieved at least 20% of the permissible ground coverage and machinery has been ordered. Both these extensions i.e. for 4th year & 5th year from the date of possession will be subject to payment of extension fee at the rate as determined from time to time and shall be payable by the allottee to the Corporation.
(2.) In terms of letter of allotment, an agreement (Annexure P-3) was executed between the parties, wherein, the relevant clauses in respect of such construction read as under: 4. *That the allottee shall be required to implement the project, for which aforesaid plot has been allotted, within a period of three years from the date of offer of possession; and that implementation of the project shall mean the commencement of commercial production, after coverage of construction in accordance with the norms specified in EMP and installation of the plant and machinery. * That the allottee shall be required to implement the project, for which the aforesaid shed has been allotted, within a period of two years from the date of offer of possession; and that implementation of the project shall mean the commencement of commercial production, after installation of the plant and machinery. * Strike whichever is applicable. 5. That notwithstanding the period of three years stipulated qua implementation of the project on the plot, the allottee, as far as possible, shall take the following steps within the period of two years from the date of offer of possession of the aforesaid plot: a. Taking over possession of the plot. b. Submission of building plans. c. Placement of orders of machinery and other capital goods. d. Financial tie-up. e. Technical and marketing tie-up. The period of three years for implementation for the project on the plot shall be further extended by HSIDC by one year subject, however, to the conditions that the allottee has achieved construction coverage in accordance with the norms specified in EMP, on the aforesaid plot and satisfies that the allottee had taken effective steps for the implementation of the project within the requisite period of three years, but for the reasons beyond his control, he could not commence the commercial production. Provided fur that second extension of one year for the completion of the project i.e. after four years from the date of offer of possession, may be granted, only in exceptional circumstances. The period of two years for implementation of the project by allottee of the shed, may be further extended for one year by HSIDC, in case the allottee has installed/placed orders for installation of the substantial part of the plant & machinery. Upon failure on the part of the allottee to adhere to the schedule/time available for the implementation of the project HSIDC shall be competent to resume the aforesaid plot/shed after giving show cause notice. 6. That in case the allottee has been granted extension in the implementation of the project beyond the stipulated period of implementation, the allottee shall be required to pay extension fee at the rates, laid down in the EMP, which may be revised from time to time.
(3.) The undisputed facts are that the possession was offered in letter of allotment itself but at the site, the land was found to be 22860 square meters on actual measurements instead of 21600 square meters allotted. The petitioner was asked to deposit the cost of excess/additional area on 17.2.2006. Petitioner deposited an additional amount of Rs. 10,08,000/-as demanded on 13.6.2006. It was on 20.7.2006, the physical possession of the entire land measuring 22860 square meters was handed over to the petitioner. On 22.6.2007 (Annexure R/5), petitioner communicated to the respondents that they are in the process of preparation of submission of drawing and will take another 1 or 2 working days to submit the same for approval. In terms of the said letter, on 29.6.2007, building plans were submitted for sanction but the same were sanctioned only on 1.4.2008 (Annexure P-15).;