Court No. - 39
Case :- WRIT - C No. - 17825 of 2009 Petitioner :- Purvanchal Agro Tools & Equipment Pvt. Ltd. Respondent :- Director Of Industries Anubhag 18 And Others Counsel for Petitioner :- R.C. Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Narayan Dutt Shukla holding brief of Sri R.C.Singh, learned counsel for the petitioner and Sri Gaurav Singh, learned Standing Counsel for the State respondents.
The petitioner in the writ petition is seeking a direction to the respondents to refund the amount of earnest money of Rs.18,500/- with interest.
Briefly stated, the facts of the case as narrated in the writ petition are that under a scheme for allotment of land for establishing industrial units, it was proposed by the General Manager, District Industries Centre, Gorakhpur to allot land. The petitioner applied for allotment of the land and he deposited Rs.18,500/- towards earnest money. An allotment order was passed on 21.12.2001 in favour of the petitioner and he was required to deposit 10% of the total price of the land by treasury challan. The price of the land was Rs.5,39,196/- and 10% thereof amounted to Rs.53,920/-. It is stated that without giving any notice the respondents have cancelled his allotment and issued fresh advertisement for allotment of the same land on 17.10.2002. Hence, the present petition.
What we find from the pleadings of the parties and the documents on record is that plots no. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 & 14 area 1536 sq.
meter, plot no. 15 area 178 sq. meter, plots no. 19, 20, 21 & 22 area 512 sq. meter, plot no. 23 area 176 sq. meter, plot no. 24 area 312 sq. meter, plots no. 25, 26 area 676 sq. meter, plots no. 28, 29, 30, 31, 32, 33, 34, 35 area 1024 sq. meter, plots no. 36 & 37 area 320 sq. meter, plots no. 38, 39, 40, 41, 42 & 43 area 768 sq. meter, total area 5502 sq. meter were allotted to the petitioner. The total value of the plots was Rs.5,39,196/- of which 10% amounting to Rs.53,920/- was required to be deposited by the petitioner within 30 days from the date of allotment and the lease deed was required to be executed within the same period of time otherwise, the allotment would automatically be deemed to have been cancelled.
Admittedly, the petitioner has not deposited 10% of the total value of the land nor taken steps for execution of the lease deed within 30 days and therefore, his allotment stood cancelled and fresh advertisement was issued and thereupon, his earnest money of Rs.18,500/- stood automatically forfeited.
Learned counsel for the petitioner submitted that prior to cancellation of registration, the petitioner should have been given a notice and reliance has been placed on annexure-1 to the writ petition, which is the policy with regard to allotment of Government industrial land. However, we find that this policy requires the allottee to complete his construction within one year of the allotment assuming that other formalities have been completed failing which a show cause notice would be given and two months thereafter, the allotment would stand cancelled.
Sri Gaurav Singh, learned Standing Counsel submitted that the petitioner has not complied even the initial requirement of depositing 10% of the total value of the plots amounting to Rs.53,920/- nor taken steps for execution of the lease deed within 30 days from the date of allotment and therefore, as per the terms and conditions of the letter of allotment dated 21.12.2001, the petitioner's allotment stood automatically cancelled. He further submitted that as per the allotment policy, the allottee was required to be given 15 days notice to deposit the entire 10% of the amount and if he does not comply with the requirement after that then the allotment would stand cancelled. He also submitted that a notice was issued to the petitioner on 24.10.2002, annexure-3 to the counter affidavit, requiring the petitioner to submit his reply but he did not submit any reply thereafter and therefore, a second notice was sent to the petitioner on 15.11.2002, annexure-10 to the writ petition, requiring the petitioner to deposit 10% of the amount of the total price of the plots and execute the lease deed within 30 days failing which the allotment would automatically stand cancelled. He also submitted that since the petitioner did not do anything in the matter to comply with the requirements of the various notices sent to him his allotment has been cancelled.
Considering the above facts, we find that the petitioner has not deposited 10% of the amount of Rs.53,920/- in terms of the allotment letter dated 21.12.2001 within 30 days nor did he get the lease deed executed. There is nothing on record to show what he did after receipt of notice dated 24.10.2002, receipt of which he admits in para 14 of the writ petition and thereafter, another notice was sent to him on 15.11.2002 which also he admits in para 18 of his writ petition, yet he has done nothing in the matter.
Considering all these facts, we are of the view that the petitioner is not entitled for refund of his amount Rs.18,500/- which stands forfeited as per the terms and conditions of letter of allotment.
The writ petition lacks merit and accordingly stands dismissed.
Order Date :- 26.11.2018 nd