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1991 Supreme(Raj) 419

Rajasthan High Court, Jaipur Bench
I.S. ISRANI, J.
Kailash Chandra Kotia (Dr.) - Appellant
Versus
State Industrial Development, Jaipur - Respondents
S.B. Civil Writ Petition No. 7 of 1991
Decided On : December 06, 1991

Advocates Appeared:
N.L. Jain, G.G. Sharma, Ajeet Bhandari, A.K. Rastogi, A.K. Gupta, and R. Yadav, for Petitioners A.K. Sharma and N.R. Chaudhary, for Respondents.

Headnote:(a) Contract Act, 1872, Sec. 39 & 14 and Evidence Act, Sec. 115—Offer is made and accepted by other party—Full amount of cost of land deposited, allotment letter issued and possession of land is handed over—Contract is complete—Promissory estoppel—Principles of Promissory estoppel will apply—Can not resile from the promise—Order of cancellation of allotment of plot is illegal. (Para 9 & 12)(b) RIICO Disposal of Land Rules, 1979—Managing Director has full power regarding allotment of Land—Govt. can not give direction to cancel the allotment (Para 9 & 10)

       

ISRANI, J. - In all the writ petitions, mentioned above, it has been prayed that the orders, by which, the plots allotted to each of the petitioners, for establishing Nursing Homes, were cancelled, be quashed and set aside. Since in these petitions, a common question of law has been raised, they are decided by one single order. The facts & Annextures, as stated in Writ Petition No. 7/91, are mentioned to understand the legal question raised in these petitions.

(2). The Respondent RIICO published an advertisement on February 19, 1988, in Rajasthan Patrika (Annx. 1), by which, applications were invited from Doctors for allotment of plots existing in the Industrial area of RIICO, at various places in Rajasthan. The petitioner, in response to the said advertisement, applied on December 15, 1988, for allotment of a plot to him in Jaipur, since he is a Doctor of repute and Specialised in heart diseases. On December 20, 1988, the respondent asked the petitioner for payment of 25% of the total cost of plot, which was to be allotted for establishing a Nursing Home/Hospital in Sanganer industrial area, at Jaipur. The petitioner deposited an amount of Rs. 75,000/- vide Anx. 2 dated January 25, 1989 and further amount of Rs. 75,000/- vide Anx. 3 dated March 20, 1989, as directed by the respondent vide Anx. 4 dated December 22, 1988. The petitioner also complied with condition (b) of Anx. 4, by providing documentary proof for an amount equivalent to five percent of the total investment to the satisfaction of the respondent. Vide Anx. 5 dated February 4, 1989, the petitioner was informed by the respondent that the management has considered his application for allotment of one thousand square metres land and was asked to send the required information, as mentioned therein, before March, 20, 1989. Vide Anx. 6A dated February 21, 1989, the petitioner informed the respondent, regarding compliance of all points, except point, No. 2 and stated that he will deposit the development charges before March 20, 1989. Vide Anx. 6B of the same date, a project report was sent for Nursing Home/Clinic. Vide Anx. 6C of the same date, a lay out plan of the Nursing Home/Heart House was also given. Vide Anx. 7 dated April 3, 1989, the respondent issued an allotment letter, regarding plot No. S-2, measuring one thousand square metres, at Sanganer industrial area, for setting up Nursing Home, on the terms and conditions mentioned therein. Vide Anx. 15 dated April 9, 1990, the respondent asked the petitioner to deposit Rs. 1510/-, regarding service charges and economic rent, which was deposited vide photostat copy of receipt Anx. 14 dated April 21, 1990. Vide Anx. 9 dated December 27, 1989, the respondent asked the petitioner to submit a comprehensive project report alongwith details and prospective blue print, which was done vide letter dated February 26, 1990 (Anx. 10). Thereafter, possession of the allotted plot No. SP-2 was given to the petitioner on March 3, 1990 as is clear from the copy of possession letter dated March 3, 1990 (Anx. 11). Vide Anx. 12, the respondent asked the petitioner to execute a lease-deed, regarding allotted plot Anx. 13 is the site plan attached with the said letter. The petitioner, on July 17, 1990 (Anx. 16), requested the respondent for getting the lease-deed executed, since he had completed all the conditions. He further stated that construction of Nursing Home has been already delayed by one year, on this account. A further representation in this regard was sent on August 21, 1990 (Anx. 17). The petitioner, all of a sudden, received a letter dated December 19, 1990 (Anx. 18) informing him that the plot allotted to the petitioner has been cancelled and that a cheque, regarding the amount deposited by the petitioner, plus nine percent interest thereon, is sent alongwith the said letter. Hence, this petition.

(3). The respondent, in its return, in para 4 has stated that no prior approval of the Infra-structure Development Committee (for


















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