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2014 Supreme(All) 1461

A.P.SAHI, VIVEK KUMAR BIRLA
JUPITER INFORMATION TECHNOLOGIES PVT. LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
V.K. Jaiswal and H.R. Mishra for the Petitioner; C.S.C. and Shivam Yadav for the Respondents.

Heard Sri H.R. Mishra, learned senior counsel for the petitioner and Sri Shivam Yadav, learned counsel for the respondents no. 2, 3 and 4.

2. The petitioner had been allotted a commercial plot.

3. The contention of the respondents appears to be that the petitioner has defaulted and, therefore, the plot has been cancelled as per the conditions applicable.

4. The petitioner contends that he has made huge deposits and, therefore, the prayer is that the plot may be allowed to be retained by the petitioner on the terms and conditions that may be applicable for the said purpose.

5. This matter had been adjourned to enable the learned counsel for the respondent authority to inform the Court whether such a course is permissible or not.

6. Sri Shivam Yadav has presented before the Court a document titled as "The Policies and Procedures for Industrial Property Management" of October, 2012.

7. Sri Shivam Yadav has invited the attention of the Court to Clause L of the said policy, which is extracted herein under:

Restoration of Industrial Plot/Shed

The Authority can exercise cancellation of industrial plot/shed for breach of terms and conditions of allotment/lease deed/Transfer deed. However, the Chie












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