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SURYA KANT, N. KOTISWAR SINGH
Kamla Nehru Memorial Trust – Appellant
Versus
U. P. State Industrial Development Corporation Limited – Respondent
JUDGMENT :
SURYA KANT, J.
1. Leave Granted.
2. These appeals have been preferred by the Kamla Nehru Memorial Trust (KNMT) against the final common judgment and order dated 29.05.2017 passed by the High Court of Allahabad at Lucknow Bench (Impugned Order), whereby it upheld the cancellation of allotment of land admeasuring 125 acres situated in the Utelwa Industrial Area, Jagdishpur, District Sultanpur, Uttar Pradesh (Subject Land) by the Uttar Pradesh State Industrial Development Corporation (UPSIDC).
3. The crux of the dispute pending before us relates to the legality of the decision of cancellation of allotment of the Subject Land by UPSIDC. However, it would be apropos to discuss the factual matrix before delving into the analysis pertaining to the alleged procedural irregularities in the cancellation of allotment of the Subject Land.
(A) FACTS
4. In this vein, the sequence of events has been briefly adduced as follows:
(1) Land allotment authorities possess inherent right to cancel allotments upon violation of stipulated conditions – Judicial intervention in matters concerning land revocation should be circumscribe....
Repeated non-compliance with lease obligations justifies cancellation, prioritizing public interest and fiscal discipline over personal hardships.
The cancellation of land allotment by MHADA was justified due to the Trust's failure to comply with payment obligations and suppression of material facts.
Cancellation of land leases must adhere to statutory limitation periods; proceedings initiated beyond these limits are illegal and violate principles of natural justice.
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