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AUGUSTINE GEORGE MASIH, SANJIV BERRY
Kandhari Beverages Pvt. Ltd. – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sanjiv Berry, J.
Present Writ Petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ of mandamus directing the respondents to hand over the possession of additional allotted land measuring 11.40 acres, adjacent to the existing industrial plot of the petitioner at the original allotment price.
2. The case put forth by the petitioner is that the petitioner company had applied for allotment of industrial plot measuring 30 acres in May-June 2009 for setting up a Bottling Plant at IGC, Saha, District Ambala, Haryana. Vide letter dated 22.07.2009, an industrial plot measuring 20 acres was allotted to the petitioner company out of which 13.40 acres was allotted at tentative rate of Rs. 1100 per sq. metre being the proposed rate for the year 2009-10 and respondent No.2 further assured that the allotment of remaining land measuring 6.60 acres to the petitioner as and when the same is got available for allotment vide letter Annexure P-2. Thereafter, Regular Letter of Allotment (RLA) Annexure P-3 was issued in this regard on 19.08.2009. The possession of 13.40 acres of land was taken over by petitioner company on 13.04.2010 bearing Plot N
The court emphasized that failure to comply with payment directives, as mandated by public notice, results in cancellation of allotment, and timely action to enforce rights is critically important.
Petitioners cannot assert rights for land allotments when their claims are contingent on another party's pending applications, especially after such approvals have expired.
Non-compliance with payment schedules in allotment agreements leads to automatic cancellation of rights to the property.
Conditions for land allotment under rehabilitation laws must be reasonable and not arbitrary, especially when they affect the fundamental rights of displaced persons.
A concluded contract requires mutual agreement on essential terms, including payment and delivery, without which claims to the land become unenforceable.
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