M.N.BHANDARI, J. - (1.) By this writ petition, a challenge is made to the order dated 22nd December, 2016, whereby, a notice was given to the petitioner-company for cancellation of the allotment of plot due to violation of Condition No.5. The Condition No.5 directs for completion of work with commencement of production within a period of two years. The allotment of plot was made on 23rd February, 2007. The period of two years expired on 22nd March, 2009.
(2.) The record shows that after allotment of plot to the petitioner-company, possession was given on 5th April, 2007 followed by execution of lease deed on 4th May, 2007. The petitioner-company was then directed to deposit a sum of Rs.8,000/- for deforestation vide letter dated 16th June, 2007. It is for the reason that trees were existing on the plot. The petitioner-company paid the amount aforesaid through challan on 27th August, 2007. The District Collector then granted permission for deforestation on 14th September, 2007. The Additional District Collector called for the report of DFO, Kota about value of the trees existing on the plot. The report was submitted on 7th January, 2009 by the DFO, Kota. The deforestation thereupon took place and completed on 5th October, 2009.
(3.) In view of the above, the petitioner-company was not in a position to raise construction of the unit till 5th October, 2009. Their case was recommended for extension of the period by one year. It was GM, DIC vide his letter dated 18th December, 2009. It was sent to the Divisional Commissioner by the District Collector vide his letter dated 27th January, 2010. The Deputy Secretary (Revenue) asked the Divisional Commissioner to send a fresh proposal vide his letter dated 27th September, 2010. In the meanwhile, the petitioner-company commenced the production on 27th August, 2010 i.e. within a period of one year from deforestation of the plot.;