Compliance with court orders and allotment terms, lack of justifiable reason for non-registration of the lease deed, and the possibility of addressing grievances regarding the approved plan through revision or rectification.

1. Heard Mr. A.K. Yadav, counsel appearing on behalf of the petitioner.

2. Heard Mrs. Amrita Kumari, counsel appearing on behalf of the respondents.

3. This writ petition has been filed for the following reliefs:-

(i) For issuance of direction upon the respondent to execute registered lease deed in favour of the petitioner with respect to Plot No. M-2(P), 6th Phase Industrial Area, Adityapur, in terms of order dated 10.03.2011 passed in W.P. (C) No. 2227 of 2010 and also order dated 13.01.2012 passed in Cont. Case (Civil) No. 555 of 2011 in as much as the petitioner has complied with all the terms and conditions imposed by this Hon’ble Court and have also completed the other formalities for execution of lease deed, but in spite of submission of the original lease deed on stamp paper the respondent-authorities for one reason or the other is not executing the lease deed in favour of the petitioner as a consequence of which the petitioner has been seriously prejudiced and his SSI registration has also been denied by the State Government.

(ii) For issuance of direction upon the respondents for a declaration that the petitioner has complied with the direction issued by this Hon’ble Court in its order dated 13.01.2012 passed in Cont. Case (Civil) No. 555 of 2011 and the respondents have no authority to refuse the execution of the lease deed with respect to Plot No. M-2(P), 6th Phase Industrial Area, Adityapur in favour of the petitioner as the petitioner has complied with all the terms and conditions imposed by the respondents in the allotment letter;

4. Counsel for the petitioner submits as under:-

(a) A plot of land was allocated by the Adityapur Industrial Area Development Authority (AIADA) to the petitioner for which letter of allotment dated 28.03.2012 (Annexure-20) was issued to the petitioner.

(b) Earlier a writ petition was filed by the petitioner being W.P. (C) No. 2227 of 2010 in connection with the said property as there were some dispute in connection with the payment of money by the petitioner.

(c) The said writ petition was disposed of vide order dated 10.03.2011 with a direction upon the respondent AIADA to calculate simple interest @ 13% per annum from march 2007 till 23.07.2010 on the amount of Rs. 14,33,266/- and adjust Rs. 15 lacs deposited under the order of the court. The calculation was to be communicated to the petitioner within two weeks and the petitioner was to deposit the amount within four weeks thereafter. It was further directed that if the petitioner deposits the amount within the stipulated time, AIADA was directed to issue the allotment letter to the petitioner on fulfilling the other terms and conditions.

(d) Pursuant to the order dated 10.03.2011 passed in W.P. (C) No. 2227 of 2010 the petitioner duly deposited the entire amount but in spite of such deposit, fresh allotment letter was not issued to the petitioner. Accordingly the petitioner filed Cont. (Civil) No. 555 of 2011 wherein following direction was made by this Court vide order dated 13.01.2012 which reads as under:-

“Accordingly, the petitioner is directed to pay the balance amount of Rs. 3,37,000/-(rounded off) within three weeks from today. On such deposit, AIADA will issue a fresh allotment letter and execute the lease deed in favour of the petitioner on completing the formalities by the petitioner, as early as possible and preferably within four weeks from the date of such deposit.

With these observations and directions, this contempt case is disposed of.”

(e) Counsel for the petitioner submits that, after the order dated 13.01.2012 passed in Cont. (Civil) Case No. 555 of 2011, the petitioner duly deposited the amount of Rs. 3,37,000/- within the stipulated time and pursuant thereof the fresh letter of allotment dated 28.03.2012 as contained in Annexure-20 to the writ petition was issued to the petitioner.

(f) He submits that as per clause 1.6 of the letter of allotment, the unit has to execute lease in the prescribed form within a period o