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G. ANUPAMA CHAKRAVARTHY
Om Shri Laxminarayan Education Foundation Ltd. – Appellant
Versus
Bihar Industrial Area Dev. Authority – Respondent
G. Anupama Chakravarthy, J.—The Writ petition is filed for quashing the letter dated 25.01.2020 and declare the same void by which respondent no.2, Executive Director, Bihar Industrial Area Development Authority forfeited the transfer and development charges of Rs. 52,99,146/- deposited by the petitioner in pursuance of the demand raised by the respondent BIADA by its letters dated 26.06.2018 and 18.02.2019 and interfered with the absolute right of the petitioner created by Debt Recovery Tribunal, Patna by confirming the sale by order dated 25.11.2009, which is appealable before Debt Recovery Tribunal under section 30 of the Recovery of Debt and Bankruptcy Act, 1993. Further for a direction to respondent authorities to complete the formalities of transfer of land and building and approve the project of the petitioner submitted before BIADA by it's letter dated 11.02.2016.
2. The brief facts of the case is that the petitioner participated in the public auction on 13.10.2009 and deposited the bid amount of Rs. 1,68,25,001 and since no application is being filed by any person under Rules, 60, 61 and 62 of the Second Schedule to the Income Tax Act, 1961 read with Section 29 of the DRT A
Compliance with undertaking and consequences of breaching it are crucial in the disposal of the petition.
Compliance with the provisions of Sub-section 2 of Section 6 of the Bihar Industrial Area Development Authority Act, 1974 is essential in the cancellation of plot allotments by the authority.
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