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2009 Supreme(AP) 640

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE B. PRAKASH RAO & THE HONOURABLE MR. JUSTICE R. KANTHA RAO
Infotech Enterprises Ltd., rep by Managing Director -Appellant
Versus
Bharat Sanchar Nigam Limited, rep. by its Prl. General Manger & Others -Respondent
Writ Appeal No.728 and 1052 of 2008
Decided on : 14-09-2009

Advocates Appeared
A. Hanumantha Reddy, Advocate General.
R1, E. Manohar, Senior Counsel for R.S. Murthy, SC for B.S.N.L., R2, G.P. for GAD, R3, K.V. Simhadri, SC for APIICL.

Headnote:Constitution of India-Article 226-Non-statutory contract-Enforcement of contractual obligations-Contract is not a statutory one nor there is any such statutory sanction behind same-Neither side can take any benefit nor any advantage in regard to its enforceability-Contract is mutual, bilateral and not being statutory one and there being no such sanctity under law behind any of those terms or even under contract itself necessarily writ petitioner has to stand in same footing as that of any party to contract-Order of Single Judge in allowing petition in the matter of cancellation of allotment of plot is unsustainable-Impugned order set aside-Appeals allowed. (Para 9)

       

Judgment :-

B. Prakash Rao, J.


The unusual dispute between and amongst the allottee authority vis-à-vis allottee who is no other than a body corporate and another Corporation is the prime concern which calls for a decision. The dispute almost runs on the same lines as in between or amongst the private parties. And question squarely falling as to whether on the facts and circumstances would the Court enforce obligations arising out of contractual relations in a private field.


2. The appellant is the respondent No.2 in the writ petition filed by the respondent N.1 herein. The appellant is a corporate body whereas the respondent No.1 is the writ petitioner, which is a Government of India undertaking.


3. In a narrow compass it sought for allotment from the respondent No.3 herein which is an Industrial Infrastructure Corporation of the State and whereby got allotted two plots in the Madhapur Software Units layout bearing CFC-4 admeasuring Ac.1-00 cents and CFC-5 admeasuring Ac.0-25 cents subject to the payment of price @ of Rs.1923/- per square yard. The said allotment was sought for the purpose of constructing a telephone exchange and ground based tower.


4. The undisputed facts, which emanate on the backdrop, as succinctly extracted by the learned Single Judge are:


“The undisputed facts in this case are Department of Telecommunications, Hyderabad, which was under the control of the Union Government, had on 06.06.1996 sought allotment of site of 2 acres from APIIC for setting up of a telephone exchange at Info City in Madapur. Through its letter dated 14.08.1996 APIIC informed the Deputy General Manager (Planning) of the Telecommunication Department that land admeasuring about 2 acres would be allotted to it at a tentative cost of Rs.1,923/- per square yard, value of which works out to Rs.1,86,14,640/- besides frontage charges @ 10%. Subsequently, vide its letter dated 26.10.1996, APIIC informed the Deputy General Manager (Planning) of Telecommunication Department that provisional allotment of Act.1.00 of land, at a tentative cost of Rs.1,282/- per square yard is made to it and so a total cost of Rs.62,04,880/- may be paid on or before 30.11.1996. As that amount was not paid, APIIC through the letter dated 18.02.1997 addressed to the Deputy General Manager (Planning) Telecommunications Department, requested him to depute one official of Telecommunications Department for physical inspection of the plot earmarked for the Telecommunications Department, and make necessary arrangements for payment of the cost without further delay, and followed it by another letter dated 21.02.1997 addressed to the Chief General Manager, Telecommunications of Andhra Pradesh, informing that APIIC already allotted Ac.25.75 to some units, and as layout, finalized for Ac.41.50 cents was submitted to Hyderabad Urban Development Authority for its approval, and as it is likely to take up development activities like providing roads, streetlights, which are expected to be completed by December 1998, it allotted one acre of land in the layout for establishment of telephone exchange, to meet the requirement of entrepreneurs of the locality and others in and around Madapur village, and as it did not receive any communication from the Telecommunications Department in regard to payment to be made for that land, that reminder is being sent, and followed it by another letter dated 12.09.1997. In reply to the letter dated 12.9.1997, the General Manager (Planning), Hyderabad Telecom District, requested APIIC to provide two CFC marked sites for construction of telephone exchange and building, one adjacent to plot Nos.6 and 7 measuring one acre and another site of about 5 acres. In reply thereto APIIC through its letter dated 10.12.1997, addressed to the General Manager (Planning) Hyderabad Telecom District, stated that it is allotting a total extent of Ac.1.25 (Ac.1.00 in CFC 4 and Ac.0.25 in CFC 5) on outright sale basis in Phase I, Hitec City Project, Madapur, for sett























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