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2015 Supreme(P&H) 1748

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Acting Chief Justice S.J. Vazifdar
The Hon’ble Mr. Justice Tejinder Singh Dhindsa
CWP No.246 of 2014 (O&M)
Shambhu Darshan Dhoop Industries
v.
State of Haryana & Ors.
{Decided on 15/12/2015}

Advocates:
For the Petitioner:Mr. Sandeep Sharma, Advocate.
For the Respondent: Mr. Rahul Dev Singh, D.A.G., Haryana.
For the Respondents No.2 & 3:Mr. Dheeraj Chawla, Advocate.

Headnote:Allotment of Plot--Resumption of Industrial Plot--Allottee defaulted in payment of installments of cost of plot; did not raise atleast 20% construction and also did not commenced production despite availing extention of time for that twice--Order of resumption upheld.

       The allotment of industrial plots at the hands of the respondent-Corporation at controlled rates to entrepreneurs is with a clear objective to promote industrial growth in the State--Facts of the present case clearly suggest that the petitioner-firm after having been allotted the industrial plot has sat on the same with a speculative intent so as to benefit on account of escalation of price.

JUDGMENT

Mr. Tejinder Singh Dhindsa, J.: - The petitioner-firm seeks quashing of order dated 4.5.2007 (Annexure P-7), passed by the third respondent, resuming plot no.126, Sector 7, IMT, Manesar. Petitioner is also aggrieved of the orders dated 26.3.2008 (Annexure P-8) and 25.4.2013 (Annexure P-12), whereby the action of resumption has been affirmed by the Appellate Committee headed by the Principal Secretary, Industries Department, Haryana and the Anomaly Committee constituted under the Haryana State Industrial Development Corporation.

2. The plot in question was allotted to the petitioner-firm vide regular letter of allotment dated 8.3.2000 for setting up a project for manufacturing of Dhoops (incense sticks) of different varieties. Certain terms and conditions of the regular letter of allotment and which would be relevant to the case in hand are reproduced below:-

“Other terms and conditions governing this allotment shall be as follows:-

a) The payment of balance 75% of the price of the plot/shed shall be paid by the allottee through bank draft to the HSIDC in five equal six monthly instalments alongwith interest @ 18% p.a on the balance amount starting from the date of offer of physical possession.

NO SEPARATE NOTICE FOR PAYMENT OF INSTALMENTS WILL BE ISSUED.

5. xxx xxx xxx

6. The non payment of instalments towards the balance 75% of the price of the plot/shed or additional price/amount or non fulfillment of any of the terms and conditions of the Regular Letter of Allotment/Agreement by the RLA holder shall entail withdrawal of the RLA/Resumption of the plot/shed and the principal amount deposited will be refunded without any interest after deducting/forfeiture of 10% price of the plot/shed. The amount of the interest paid on instalments, if any shall also stand forfeited.

7. xxx xxx xxx

8. Schedule of Construction & Going into Production:

a) The allottee shall start construction of building as per approved building plans within a period of one year of offer of possession and will be required to start commercial production within a period of three years from the date of offer of possession. However, in case the allottee is not able to start construction within one year, extension can be granted by the HSIDC/Competent Authority for a maximum period of six months, if the allottee is able to satisfy the authority that the allottee could not start construction for reasons beyond his control. Similarly the period of commencement of production can be extended by the HSIDC/Competent Authority for maximum period of one year subject to the allottee satisfying the authority that he could not go into production within three years of the date of offer of possession for reasons beyond his control and he took effective steps for implementation of the project. Extension in period for commencement of commercial production beyond three years shall be granted only if 10% of the permissible area has been constructed and effective steps have been taken by the allottee for completion of the project subject to payment of extension fee as determined from time to time shall be payable by the allottee to the HSIDC.

b) The allottee will be deemed to have completed the project if he constructs minimum 25% of the permissible covered area and start commercial production within specified period as mentioned above, after installation of plant & machinery as per project report submitted by him. In case, there is any deviation in respect of installation of plant and machinery, the HSIDC/Competent Authority will be competent to decide whether the plant and machinery which has not been installed has any material bearing on the project. A certificate of completion of project shall be issued by the HSIDC/Competent Authority on an application by the allottee.

9 to 13. xxx xxx xxx

14. Any failure on the part of the allottee to adhere to the schedule of payment and the schedule of implementation mentioned in the letter of allotment and other terms and conditions




















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