AI Overview...
-
Lease Granting and Revocation - A lease or approval granted to a unit cannot be canceled or revoked until the relevant approval authority's decision is explicitly revoked or withdrawn by the Approval Committee, following due procedure and principles of natural justice. The revocation typically requires formal action by the competent authority, and unilateral cancellations without proper revocation are generally not valid. K. Raheja Corporation Pvt. Ltd. VS State of Goa - Bombay, Boutique Hotels (india) Pvt Ltd VS State of Rajasthan, Through The Chief Secretary Government Of Rajasthan - Rajasthan, Arfat Petrochemicals Private Limited VS State of Rajasthan - Rajasthan
-
Approval Conditions and Procedural Safeguards - Approvals granted are subject to specific conditions, such as environmental clearances, statutory compliance, and adherence to procedural norms. The approval cannot be withdrawn or canceled arbitrarily; it must follow the prescribed legal process, including the issuance of notifications or revocation orders by the competent authority. Any withdrawal based on recommendations or policies must comply with natural justice and procedural fairness. Arfat Petrochemicals Private Limited VS State Of Rajasthan - Rajasthan, BIOMEDICAL LIFESCIENCE PVT LTD. VS UNION OF INDIA THROUGH SECRETARY MINISTRY OF COMMERCE - Gujarat, Arfat Petrochemicals Private Limited VS State of Rajasthan - Rajasthan
-
Impact of Revocation on Rights - Once an approval or lease is granted, it remains valid until formally revoked or canceled by the proper authority. The cancellation of permissions or approvals after following due process effectively terminates the rights conferred. However, rights such as leasehold rights are protected until explicitly revoked through a proper legal or administrative process. Arfat Petrochemicals Private Limited VS State Of Rajasthan - Rajasthan, Arfat Petrochemicals Private Limited VS State of Rajasthan - Rajasthan, BIOMEDICAL LIFESCIENCE PVT LTD. VS UNION OF INDIA THROUGH SECRETARY MINISTRY OF COMMERCE - Gujarat
-
Exceptions and Limitations - Certain approvals or permissions cannot be granted or remain valid if procedural requirements like environmental clearances are not obtained beforehand. Moreover, approvals granted without adherence to statutory procedures can be challenged and may be invalidated. The absence of a sunset clause or specific deadline for deposit or compliance does not automatically lead to cancellation unless explicitly stipulated. Gajubha (Gajendrasinh) Bhimaji Jadeja VS Union of India - Gujarat, Hitesh Finishing VS Rajasthan State Industrial Development and Investment Corporation Limited (RIICO) - Rajasthan
-
Legal Framework and Judicial Principles - The courts emphasize adherence to procedural fairness, natural justice, and statutory mandates in revoking or canceling approvals or leases. Revocations made without following due process are liable to be set aside. The principle of promissory estoppel also limits arbitrary cancellations, reinforcing that permissions granted following lawful procedures cannot be revoked unilaterally without proper legal basis. Arfat Petrochemicals Private Limited VS State of Rajasthan - Rajasthan, Hitesh Finishing VS Rajasthan State Industrial Development and Investment Corporation Limited (RIICO) - Rajasthan, K. Raheja Corporation Pvt. Ltd. VS State of Goa - Bombay
Analysis and Conclusion:
A lease or approval granted to a unit remains valid until explicitly revoked or canceled by the competent authority following due process. Such revocations cannot be unilateral or arbitrary; they must be backed by formal orders, notifications, and adherence to principles of natural justice. The approval remains in effect until the approval committee or relevant authority revokes it through proper procedures, including issuance of revocation orders. Therefore, until the approval is formally revoked by the approval committee, the lease or permission cannot be deemed canceled or invalid.
Search Results for "Lease Granted to a Unit Cannot be Cancelled until the Approval is Revoked by Approval Committee"
2019 0 Supreme(Raj) 1794 • India - Rajasthan
PRAKASH GUPTA
– Petitioner assailing orders passed by Revenue Department Government of Rajasthan and Collector whereby Respondents revoked/cancelled ... Constitution of India,1950 - Article 226 - Assailing orders - Cancelled various licenses/approvals given ... /cancelled order vide which land in dispute was set-apart for establishment of a hotel/tourism unit and unilateral cancellation of ... deed and the order vide which the disputed land had been set-apart had been revoked/#HL_S....
2021 0 Supreme(Raj) 653 • India - Rajasthan
INDRAJIT MAHANTY, SATISH KUMAR SHARMA
directed that the permissions/approvals granted to the petitioner-company be cancelled. ... deeds and permissions/approvals already granted to the petitioner-company have been cancelled. ... granted to the petitioner-company by RIICO have been cancelled. ... cancelled the permissions/approvals which were granted to it after following the due procedure. ... The contention of the petitioner-company ....
2010 0 Supreme(Bom) 1655 • India - Bombay
F.M.REIS, A.S.OKA
In such a case, Approval cannot be granted on the basis of the recommendation which is withdrawn. ... However, the approval can be cancelled/withdrawn in such a case only after following the principles of natural justice. ... by Board of Approval under Section 3(10) and before issuance of Notification under Section 4(1) of Act-Recommendations cannot be ... Thus, unless the notification under Section 4(1) is issued, the Approval Committee#HL....
2025 Supreme(Online)(NCLT) 5150 • India - National Company Law Tribunal
Rekha Kantilal Shah, Member (Technical)
... ... Issues: The main issues revolved around the extent of protections granted to the successful bidder from past liabilities ... (A) Insolvency and Bankruptcy Code, 2016 - Section 60(5) - Liquidation proceedings - Approval of sale of Corporate Debtor as going ... (Paras 7 - 9) ... ... (D) Legal interpretation on liabilities - Past claims extinguished upon sale approval; current ... partly executed or not executed, either in India or outside India before the date of Sale Certificate dated 27.03.2025 shall stand automatically #HL_STA....
2013 0 Supreme(Guj) 243 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
case may be granted." ... of Approval for Plot to any other person/company, etc. other than the Petitioner No.1, An ex-parte ad-interim relief in terms above ... pleased to issue writ of mandamus on Respondent No.2 directing the said authority to grant extension in the validity of Letter of Approval ... that no such approval shall be granted by the Approval Committee in those cases which fall within the competence of the Board of Approval : ... Prov....
2014 0 Supreme(Guj) 767 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
There cannot be any valid lease for enjoyment of a right in a property at the instance of MPSEZ before obtaining environmental clearance ... deemed environmental clearance, we are afraid we are unable to accept such plea for the reasons recorded by us in details - Lessee cannot ... not in existence in its favour, and consequently, not capable of being transferred to the lessee at the time of execution of the lease ... For establishing a unit in a SEZ the person so interested may submit a proposal to the....
2025 Supreme(Online)(NCLT) 4109 • India - National Company Law Tribunal
Rekha Kantilal Shah, Member (Technical)
Corporate Insolvency Resolution Process (CIRP) initiated for BIL Infratech Limited, resulting in liquidation order - Applicant sought approval ... ... ... Result: Application for sale of BIL Infratech Limited as a going concern granted. ... - Upon acquisition, all pre-existing claims and liabilities, including tax liabilities, stand extinguished; applicable waivers granted ... Nitin Jain I (Supra)cancelled and permanently revoked;C. Visisth Services Limited (Supra) D.Embassy Property (Supra) E. ... , ....
2021 0 Supreme(Raj) 1883 • India - Rajasthan
INDRAJIT MAHANTY, SATISH KUMAR SHARMA
Rules, 1979 - The authority of the State Government under Article 138 of RIICO's Articles of Association to cancel permissions granted ... (Paras 25-34) ... ... (C) Promissory Estoppel - The Court noted that the permissions granted ... cancelled the permissions/approvals which were granted to it after following the due procedure. ... The contention of the petitioner-company in this regard, cannot prima facie be disbelieved firstly, because all the record of the RIICO was available wi....
2019 0 Supreme(Raj) 694 • India - Rajasthan
DINESH MEHTA
/revoked. ... The court also declared that the decision of the State dated 28.08.2018 cannot be made applicable to the petitioners, to whom allotment ... any sunset clause or outer limit stipulating that if the amount was not deposited in the prescribed period, the offer would be cancelled ... However, a perusal of the demand notice dated 17.02.2016 reveals that it does not contain any sunset clause or outer limit, stipulating that if the amount is not deposited in the prescribed period, the offer will be cancelled/#HL_S....
2023 Supreme(Online)(NCLT) 2846 • India - National Company Law Tribunal
SHRI JYOTI KUMAR TRIPATHI, SHRI RAVICHANDRAN RAMASAMY, JJ
(A) Insolvency and Bankruptcy Code, 2016 - Section 30(6) - Approval of Resolution Plan - The Resolution Plan submitted by Subhlaxmi ... (Paras 12.1, 12.5) ... ... Facts of the case: ... The Resolution Professional applied for approval of a resolution ... of Creditors, emphasizing that it cannot interfere in the merits of the commercial decisions made by them, following the precedent ... If (i) any Governmental Authority has suspended, cancelled, revoked or terminated any Business. ... Grant....
Filter by Legal Phrase
