Virender Singh, C.J. - (1.) THE issue relates to the cancellation of the allotment of the land made to the respondent -writ petitioner (hereinafter to be referred to as 'petitioner' only) vide Allotment Order No. 772/ADA dated 26th March, 2007 for which the lease deed was executed between Adityapur Industrial Area Development Authority (for short 'AIADA'), the appellant herein (respondent before the Writ Court) and the petitioner on 02.06.2008 for the purposes of implementation of a project known as "City Centre" at Adityapur comprising of Star Hotel, Club, Medical Centre/Hospital, Multiplex Retial/Shopping Mall etc. which lease deed was ultimately terminated vide order dated 15.01.2014, aggrieved thereof, the petitioner knocked at the Writ Court vide WP(C) No. 690 of 2014 inter alia on various grounds including projecting its bona fides for obtaining environmental clearance and other formalities as well at the end of AIADA after the building plan was sanctioned by AIADA way back on 17.11.2011 only. The learned Writ Court ultimately found it to be a fit case where the extension could be granted to the petitioner for completion of the construction within a period of 36 moths on payment of 15% of the lease premium within a stipulated period, i.e., 25th October 2014, as such, vide impugned judgment dated 26.09.2014 directed the AIADA to issue required NOC to the petitioner within a week thereafter. AIADA being aggrieved of the said judgment, has approached the Court through the medium of the instant Letters Patent Appeal, which is at the admission stage and with the consent of the learned counsel for both the sides, taken on Board for its final consideration.
(2.) AT the very outset, Mr. Indrajit Sinha, learned counsel appearing for the petitioner submitted that pursuant to the impugned judgment, the petitioner had deposited the increased 15% of lease premium with AIADA within the stipulated period, as directed, but, the same has been returned to the petitioner by AIADA vide letter No. 985/ADA dated 22nd October, 2014. He places on record photocopy of the said order (be tagged at its proper place). Mr. Sinha submitted that because of non issuance of required NOC, the petitioner has not been able to proceed ahead for completing other formalities as the NOC to be given by AIADA has to be placed before the Central Ground Water Board (CGWB) which on consideration will result into grant of Ground Water Clearance (GWC) which, in turn, will be sent to the State Level Environmental Impact Assessment Authority (for short 'SEIAA') Jharkhand for the purposes of grant of environmental clearance and it is thereafter only, the petitioner will be in a position to start construction at the site. Mr. Sinha submitted that the time period for the construction has been allowed as 36 months but in the present set of circumstances, when required NOC has not been issued in favour of the petitioner despite the impugned judgment having been passed on 26.9.2014 and about eight months elapsed by now, the petitioner will not be in a position to complete the construction at the site within the stipulated period as indicated in the impugned judgment, for which the fault lies at the end of the AIADA only and not the petitioner. Before, we could enter into the merits of the appeal case, Mr. V.P. Singh, learned Sr. Counsel appearing for the AIADA has joined issues in this regard and stated that AIADA, in fact, is not required to issue any NOC which fact is vehemently controverted by Mr. Indrajit Sinha. He draws the attention of the Court to the contents of the affidavit filed by the CGWB before the National Green Tribunal in O.A. No. 357 of 2013 (filed by the petitioner) in which CGWB has categorically stated as under: - - "NOC/Consent Letter from local Authority staring about the quantum of ground water required and water availability/nonavailability certificate for infrastructure use form Government Water Supply Agency is required."
(3.) MR . Sinha submitted that in the capacity of Local authority, it is AIADA only, who has to grant such certificate for the purposes of placing it before CGWB for further action.;