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2010 Supreme(All) 1703

SANJAY MISRA
U. P. State Industrial Development Corporation Ltd. and Another – Appellant
Versus
D. S. Mathur – Respondent


Advocates:
Siddhartha Verma, S.Niranjan, P.K.Dubey, Leela Mathur, Lal Ji Chaudhary

Sanjay Misra, J.:-

This First Appeal From Order has been filed by the U.P. State Industrial Development Corporation Ltd. (hereinafter referred to as the Corporation) against the order dated 21.7.2006 passed by the District Judge, Ghaziabad in Misc. Case No. 115 of 2000 (D.S. Mathur Vs. U.P. State Industrial Development Corporation Ltd. and another), whereby he has set aside the award dated 31.12.1999 passed by the Collector, Ghaziabad in Case No. 41/98-99 between Smt. Leela Mathur and U.P. State Industrial Development Corporation Ltd..

The facts of the case are that a plot no. D-107 Bulandshahr Road, Ghaziabad was allotted to Sri D.S. Mathur (hereinafter referred to as the allottee) on 15.7.1971. Certain conditions were contemplated in the allotment letter and the allottee applied for extension of time to complete the constructions, which was rejected by the Corporation on 29.8.1971. On 9.1.1973, a reminder was sent to the allottee regarding completion of construction and registration of a lease-deed. The lease-deed was executed on 3.7.1973 in favour of proprietor M/S Mason Mathur Engineering. On a report obtained by the Corporation it was found that the plot was being used for a pur









































































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