- (1.) The petitioner seeks a writ of certiorari to quash a letter dated 15.10.2013 addressed by respondent No.2-Haryana State Industrial and Infrastructure Development Corporation Ltd. (HSIIDC); an order dated 08.10.2013 passed by respondent No.3-the Managing Director of HSIIDC rejecting the representation dated 18.07.2013 filed by the petitioner pursuant to an order dated 11.07.2013 passed by this Court in Civil Writ Petition No. 14671 of 2013 and orders dated 07.01.2013 and 10.05.2013 passed by respondent No.2-HSIIDC to the extent that the three years period for implementation of the project be reckoned with effect from 07.06.2012 and the impugned action of the respondents in charging interest and penal interest on the amounts payable towards the allotment of a plot. The petitioner has also sought a writ of mandamus directing the respondents not to consider the cut off date as 25.08.2010 for the purpose of charging interest and penal interest.
(2.) On 30.05.2007, the petitioner's parent company, namely, Saraswati Dynamics Pvt. Ltd. applied for allotment of an industrial plot in the industrial estate at Bawal, Haryana admeasuring 5 acres stating that the project cost involved was more than Rs. 39.67 crores.
(3.) This bring us to three document which we will refer to collectively as the agreement. They incorporate together the agreement between the parties relating to the allotment of the plot. (I) The respondents issued a Regular Letter of Allotment (RLA) dated 07/10.09.2007 stating that they had decided to allot the petitioner a plot bearing No. 201 subject to the terms and conditions contained therein as well as in the format of the agreement annexed thereto as Appendix-A which was to be read as part and parcel of the RLA. The same stipulated the area of the plot to be 12000 sq. meters at the tentative price of Rs.1850/- per sq. meter aggregating to Rs. 2,22,00,000/-. Clause-2 insofar as it is relevant reads as under:- "2. AND WHEREAS this allotment, among other terms and conditions contained in Appendix-A, is subject to the following conditions precedent to be fulfilled by you within the stipulated period. (i) You are advised to carefully go through the contents of the RLA, as well as the terms and conditions stipulated in the Appendix A. You shall be required to submit the Letter of Acceptance, in Appendix-B appended to the printed agreement format enclosed with the RLA, duly signed (each and every page), in token of having accepted the allotment of above noted plot/shed, including the terms and conditions contained hereunder and as stipulated in Appendix-A. iv) Apart from fulfilling the conditions precedent as specified at 2(i) and 2(ii) above, you shall also be required to execute an agreement, in writing, with HSIIDC, at Panchkula, incorporating therein the terms and conditions, as contained in Appendix-A, on the printed agreement, attached with the RLA, as per instructions given therewith, within a period of 60 days from the date of issuance of RLA. v) After the acceptance of the allotment of aforesaid plot/shed, in lump sum, within 60 days of the date of issuance of the RLA, in that eventuality, the remaining 75% tentative price of aforesaid plot/shed shall be payable by you in five equal half yearly installments with interest @ 11% p.a. on the balance outstanding, as per following schedule of payment of installments:- JUDGEMENT_401_LAWS(P&H)3_2016_1.html;