DEEPAK ROSHAN,J. - (1.) Heard learned counsel for the appellant Steel Authority of India Limited, (hereinafter referred to as "SAIL"), as also learned senior counsel for the contesting respondent company.
(2.) The appellant SAIL is aggrieved by the impugned Judgement dated 05.02.2016, passed by the Hon'ble Single Judge in W.P.(C) No. 7614 of 2013, whereby the writ application filed by the respondent writ petitioner challenging the order dated 23.10.2013, issued by the appellant SAIL, withdrawing the allotment letter dated 07.02.2009 issued in favour of the petitioner for construction of Hyper Market on the land in question, has been allowed by the Hon'ble Single Judge, setting aside the order dated 23.10.2013, and directing the authorities concerned to consider the case of the writ petitioner and take a final decision in accordance with law.
(3.) The appellant SAIL had initiated a proposal for allotting a plot of land in Sector-III of the Bokaro Steel City, measuring an area of 87,120 Sq. feet, on a lease of 33 years, for the amount of Rs.1,54,15,531/-, for the purpose such as, construction of Banks, Shops, Cinema Halls, Nursing Homes, Petrol Pumps, Expellers, Wheat Grinding, Etc. The land was allotted in favour of the respondent writ petitioner vide allotment letter dated 07.02.2009, for construction of Hyper Market, and pursuant thereto the writ petitioner also deposited the aforesaid amount. Subsequently, by a letter dated 24.12.2010 the appellant SAIL regretted and showed their inability to execute the formal lease deed in favour of the writ petitioner, which was challenged by the writ petitioner in W.P.(C) No. 851 of 2011. The said writ application was allowed by order dated 31.01.2012, by the Writ Court, finding that the letter dated 24.12.2010 was issued without giving any notice to the writ petitioner and accordingly, the same was quashed giving liberty to take decision in accordance with law.;