JUPITER INFORMATION TECHNOLOGIES PVT. LTD. v. STATE OF U. P.
2014-09-15
A.P.SAHI, VIVEK KUMAR BIRLA
body2014
DigiLaw.ai
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 Chief Executive Officer/or any other officer authorised by him can restore the plot. the restoration will be subject to the following conditions:- 1. The allottee would pay restoration charges @ 10% of the prevailing rate/reserve price. 2. The allottee has to produce NOC of accounts department. 3. The allottee has to pay time extension, charges as per terms of allotment/lease. 4. The allottee will submit project implementation schedule in the shape of affidavit. The maximum time allowed is one year for plot size upto 4000 sq. mtrs. And two years for plot size above 4000 sq. mtrs. 5. The allottee has to submit performance guarantee valid for more than three months period of Pis given by him and value of performance guarantee will be 10% of the prevailing price of the plot. 6. Transfer and/or Change In Constitution of the unit would not be allowed outside the blood relation, till the unit is declared functional by the NOIDA through a written communication. 7. If there is any court case pending before any court, it has to be withdrawn by the allottee. All legal expenses would be borne by the allottee. 8.
6. Transfer and/or Change In Constitution of the unit would not be allowed outside the blood relation, till the unit is declared functional by the NOIDA through a written communication. 7. If there is any court case pending before any court, it has to be withdrawn by the allottee. All legal expenses would be borne by the allottee. 8. In case allotment has been cancelled due to commercial activities the restoration of the plot shall only be considered on submission of affidavit for not carrying out the commercial activities in future and on inspection of the site about closing the commercial activities. 9. In case of restoration in prepossession cases, the allottee shall be required to get the unit functional as per terms of the Lease Deed. In such cases they will have to comply with the clauses 1,2,5,6 & 7, as stated above. 8. Having considered the submissions raised, we dispose of the writ petition with a direction to the respondent no. 2, to consider the aforesaid claim of the petitioner and pass appropriate orders within two months from the date of production of a certified copy of this order provided there is no legal impediment or any other policy of Government Order contrary to the above. 9. With the above directions, the writ petition is disposed off.