Jaishree Thakur, J. - (1.) This order shall dispose of two writ petitions i.e. CWP Nos.21239 of 2013 and 19569 of 2014 as common questions of law arise in both the cases. For convenience, facts are being taken from CWP No.21239 of 2013.
(2.) The challenge in the present writ petition is to the clause 12 incorporated in the conveyance deed executed by the respondent Corporation in favour of the petitioner contemplating that the petitioner seeks specific written approval from Haryana State Infrastructure and Industrial Development Corporation ('HSIIDC' for Short) before creating any charge or mortgaging the freehold land or building as illegal, arbitrary, unjust, discriminatory and unconstitutional.
(3.) The petitioner company applied for and was allotted a freehold industrial plot in HSIIDC, Industrial Estate, Rai, District Sonepat, when a regular Letter of Allotment was issued on 11.4.2007. Later, a conveyance deed dated 9.10.2009 was executed in favour of the petitioner. The petitioner wanted to mortgage this industrial plot to raise loan from Indusind Bank Ltd. being advanced on better terms on 20.6.2013. The petitioner sought permission from HSIIDC to mortgage plot even though permission had been earlier granted to mortgage the plot with Union Bank on 25.11.2011. This was followed by a reminder on 10.9.2013. Since there was no response from the respondent corporation HSIIDC, the petitioner was compelled to file the present writ petition inter-alia contending that the term and condition No. 12 of the Conveyance Deed was contrary to the Clause No. 13 of the Regular Letter of Allotment.;