Chief Justice's Court
Case :- WRIT - C No. - 7331 of 2018 Petitioner :- M/S Dwarka Creations Through Its Partners Shivpurva, Varanasi And 2 Others Respondent :- State Of U.P. Through Secretary Of Industries, Govt. Of U.P. And 2 Others Counsel for Petitioner :- Vinay Kumar Singh Chandel,Siddharth Nandan Counsel for Respondent :- C.S.C.,Anuj Pratap Singh,Prabhakar Awasthi
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Siddharth Nandan, learned counsel for the petitioners and Mr. Prabhakar Awasthi, learned counsel for respondent nos. 2 and 3 - Corporation.
This petition basically challenges the order dated 23.01.2018 passed by the respondent Corporation, cancelling allotment made in favour of petitioners of industrial plot bearing No. B- 22, IIDC, District Chandauli, on the ground that petitioners did not complete/commence construction of their industrial unit within 18 months from the date of possession. Admittedly, possession was handed over to the petitioners on 9.02.2016. It appears that on 25.10.2017, the respondent Corporation had issued a letter to the petitioners, asking them to deposit a sum of Rs. 12,29,859/- with an application seeking extension of time to commence and complete the construction within time frame. Petitioners did not make the payment and, hence, the impugned order has been issued.
Counsel for the petitioners, on instructions, submits that petitioners are prepared to deposit the amount, as per letter/order dated 25.10.2017, unconditionally and the respondent Corporation may be directed to consider their request for restoration of the plot allotted to them and extend the time to make construction of industrial unit as per Additional Condition No.2 in the lease agreement dated 15.10.2011. Counsel for the respondent Corporation submits that if petitioners make the payment, as aforementioned, the respondent Corporation shall consider the same and pass appropriate orders within two weeks thereafter. His statement is recorded and accepted. In view thereof, we dispose of this writ petition with liberty to the petitioners to make payment of Rs. 12,29,859/- to the respondent Corporation within a period of 15 days from today. On such payment being made by petitioners, the respondent Corporation shall consider their request and pass appropriate orders within a period of two weeks thereafter.
Order Date :- 28.2.2018 AHA (Dilip B Bhosale, CJ) (Suneet Kumar, J)