Hemant Gupta, J. - (1.) The petitioners i.e. M/s Damcosoft Private Limited - petitioner No.1, a registered company under the Indian Companies Act, 1956 and Archana Gupta - petitioner No.2 as its Director, claim writ of mandamus directing the respondents to issue the occupation certificate for Built to Suite Site No.13 A, Rajiv Gandhi Chandigarh Technology Park, Phase - I, Chandigarh allotted to the petitioners vide allotment letter dated 16.03.2009 (Annexure P-8). The petitioners have also sought a writ of certiorari for quashing the memos dated 07.07.2014 (Annexure P-17); 08.05.2013 (Annexure P-18) & 18.09.2014 (Annexure P-19).
(2.) Chandigarh Administration issued an advertisement (Annexure P- 1) in February, 2008 inviting Expression of Interest for allotment of land in Rajiv Gandhi Chandigarh Technology Park (hereinafter to be referred as 'the IT Park'). In the said advertisement, three categories of plots were carved out i.e. one small campus site measuring 3 acres (approx.) Special Economic Zone (SEZ); three Built to Suit Sites (BTS) ranging from 0.55 acres to 0.66 acres each (SEZ) and BTS Sites in non-SEZ (STP) area for allotment on lease hold basis. The eligibility criteria for the site in question BTS site in Non SEZ area, was that the enterprise should have annual turnover in IT operations of a minimum 10.00 crores or its equivalent in US Dollars per annum in each of the last three years. The relevant conditions read as under: "Eligibility Criteria for Built to Suit Sites (both for SEZ area and non- SEZ area) The following types of enterprises will be eligible for consideration as applicants for the allotment of Built to Suit Sites for IT Enterprises engaged in Software Development: (i) Annual turnover in IT operations of a minimum 10.00 crores or its equivalent in US Dollars per annum in each of the last 3 years. (ii) The Enterprises should have been carrying out IT operations for at least five years before the date of application. (iii) The Enterprise should have a minimum of 100 employees on its rolls at the time of application. (iv) Plan of action for establishing the proposed Information Services on the site and to make the required investment in a time bound manner. xxx xxx"
(3.) The application form had the similar conditions, but with a Disclaimer that the prospective applicants are requested to go through the exact provisions of the Allotment of Campus Sites in Chandigarh Technology Park Rules, 2006 (as amended up to date) (hereinafter referred as 'the 2006 Rules') and Chandigarh Estate Rules, 2007 (as amended up to date) (hereinafter referred as 'the 2007 Rules'). Subsequently, the Public Relations Department, Chandigarh Administration issued a Press Release (Annexure P-2) on 23.04.2008 pointing out that four foreign companies namely Damco Solutions; Silicon Valley Systech; PCC Technology Group and 22nd Century Technologies have got the allotment, which was done through draw of lots as 30 companies had applied for 7 sites available. The relevant extract from the said Press Release is as under: "Chandigarh, April 23:- The allotment process for Phase - I and Phase - II of the Rajiv Gandhi Chandigarh Technology Park (RGCTP) got completed on Wednesday with the Administration allotting the remaining 6 Built to Suit (BTS) sites and 1 small Campus site in RGCTP. 3 BTS sites each have been allotted in SEZ and Non-SEZ categories. The allotment was done through a draw of lots scheme as 30 companies had applied for the 7 sites available. More than 100 crores of Investment is expected to be pumped into the IT Park with these allotments. Four foreign firms namely Damco Solutions, Silicon Valley Systech, PCC Technology Group and 22nd Century Technologies and other companies like Compact Disc India Ltd. and Ramtech Software Solutions Pvt. Ltd. have got the allotment. Ten companies based in the USA and UK had applied for setting up their offices in RGCTP. Damco Solutions Ltd. is a UK based Software solutions company, which provides high quality and reliable Software Solutions & Services. Damco has proven expertise across technologies and deep domain knowledge of industry verticals. Damco's global delivery capabilities are well proven and are backed up by ISO 9001:2000 standards. xx xx With the completion of the current round of allotments, all the sites in Phase - I and Phase - II of the RGCTP have been allotted. The Administration has ambitious plans for the development of the Phase - III which once complete, will provide direct employment to 35000 professionals, thereby increasing the direct employment in RGCTP to 67000. Since every IT job creates 3 indirect jobs, this will translate into 200000 indirect jobs in Chandigarh.";