JUDGMENT

Manish Pitale, J. - The Petitioner is aggrieved by two notices issued by the Respondent-Goa Industrial Development Corporation. One pertains to demand in respect of differential transfer fees amounting to Rs. 26,61,61,500/-. The other notice pertains to arrears of annual rent allegedly payable by the Petitioner to the Respondent-Corporation. The demand towards the differential transfer fees and arrears of annual rent pertained to a plot admeasuring 2,41,965 square metres situated at Sancoale, Mormugao Taluka, South Goa. The said plot was acquired by the Government of Goa for the Respondent-Corporation under a pre-acquisition agreement with M/s. Meta Copper & Alloys Ltd. (formerly known as Meta Strips Ltd.). The said plot was leased to the said M/s. Meta Copper & Alloys Ltd., under a Deed of Lease dated 24.12.1998, for a period of 30 years with annual lease rent fixed at Rs. 73,567/-.

2. The aforesaid M/s. Meta Copper & Alloys Ltd. developed the entire plot as it was a barren piece of land when possession was handed over and, sometime in the year 2001, it commenced manufacturing activity on the said plot of land. The manufacturing activity continued till the year 2011.

3. At this stage, an exercise was undertaken for transfer of the said lease in favour of the Petitioner. The Petitioner applied for such transfer before the Respondent-Corporation on 11.03.2015, for setting up a Logistic and Warehousing Hub to cater to the needs of existing Industry and Port in the State. Initially, the Corporation stated that transfer of such plot of land was beyond Transfer and Sub-lease Regulations of the Corporation framed in the year 2014 and, on this basis, it was stated that the Corporation was unable to take a decision in the matter. In this situation, the Petitioner approached the Government of Goa, and eventually on 23.12.2016, the Government granted approval to such transfer of the lease. The Petitioner was asked to submit requisite documents for processing the transfer of the lease. The Petitioner made a representation to the Respondent-Corporation for considering grant of special rates instead of standard rates for developed plots of Rs.2,200/- per square metre. It was claimed that a huge cost was incurred for carrying out development in the plot and that this factor ought to have been taken into consideration while fixing the annual lease rent.

4. As there was a change in the constitution of the Petitioner-company, the Respondent-Corporation requested for an updated application, which was submitted on 10.02.2017. On this basis, the Respondent-Corporation asked the Petitioner to deposit an amount of Rs.6,35,59,048/- for issuance of transfer order pertaining to the Lease Deed. On 10.03.2017, the Petitioner transferred the said amount through RTGS into the account of the said Respondent-Corporation. Accordingly, on 10.03.2017, the Respondent-Corporation issued an order for transfer of the Lease Deed. In pursuance thereof, on 24.03.2017, a Tripartite Deed of Lease was executed between the Petitioner, the Respondent-Corporation, and the aforesaid M/s. Meta Copper and Alloys Ltd. as a confirming party.

5. On 10.07.2017, the Respondent-Corporation issued a letter to the Petitioner demanding payment of additional transfer fee for the transfer of the lease, on the ground that there had been a mistake in charging the transfer fee at the rate of 10% instead of 60%. It was claimed that since the definition of the expression "substantial construction" was changed as per Notification dated 22.12.2016, whereby the Goa-IDC Transfer and Sub-Lease Regulations, 2014, stood amended, the rate of 60% was applicable on the transfer fee, as on the date on which the order dated 10.03.2017, was issued for the transfer of the lease.

6. On 30.04.2020, a demand notice was issued by the Respondent-Corporation for the differential amount payable towards the transfer fee, wherein it was stated that if such payment was not made, the same would be termed as arrea