Bharti Sponge Pvt. Ltd. v. Adityapur Industrial Area Development Authority
2018-06-19
ANUBHA RAWAT CHOUDHARY
body2018
DigiLaw.ai
ORDER : 1. Heard Mr. A.K. Yadav, counsel appearing on behalf of the petitioner. 2. Heard Mrs. Amrita Kumari, counsel appearing on behalf of the respondents. 3. This writ petition has been filed for the following reliefs:- (i) For issuance of direction upon the respondent to execute registered lease deed in favour of the petitioner with respect to Plot No. M-2(P), 6th Phase Industrial Area, Adityapur, in terms of order dated 10.03.2011 passed in W.P. (C) No. 2227 of 2010 and also order dated 13.01.2012 passed in Cont. Case (Civil) No. 555 of 2011 in as much as the petitioner has complied with all the terms and conditions imposed by this Hon’ble Court and have also completed the other formalities for execution of lease deed, but in spite of submission of the original lease deed on stamp paper the respondent-authorities for one reason or the other is not executing the lease deed in favour of the petitioner as a consequence of which the petitioner has been seriously prejudiced and his SSI registration has also been denied by the State Government. (ii) For issuance of direction upon the respondents for a declaration that the petitioner has complied with the direction issued by this Hon’ble Court in its order dated 13.01.2012 passed in Cont. Case (Civil) No. 555 of 2011 and the respondents have no authority to refuse the execution of the lease deed with respect to Plot No. M-2(P), 6th Phase Industrial Area, Adityapur in favour of the petitioner as the petitioner has complied with all the terms and conditions imposed by the respondents in the allotment letter; 4. Counsel for the petitioner submits as under:- (a) A plot of land was allocated by the Adityapur Industrial Area Development Authority (AIADA) to the petitioner for which letter of allotment dated 28.03.2012 (Annexure-20) was issued to the petitioner. (b) Earlier a writ petition was filed by the petitioner being W.P. (C) No. 2227 of 2010 in connection with the said property as there were some dispute in connection with the payment of money by the petitioner. (c) The said writ petition was disposed of vide order dated 10.03.2011 with a direction upon the respondent AIADA to calculate simple interest @ 13% per annum from march 2007 till 23.07.2010 on the amount of Rs. 14,33,266/- and adjust Rs. 15 lacs deposited under the order of the court.
(c) The said writ petition was disposed of vide order dated 10.03.2011 with a direction upon the respondent AIADA to calculate simple interest @ 13% per annum from march 2007 till 23.07.2010 on the amount of Rs. 14,33,266/- and adjust Rs. 15 lacs deposited under the order of the court. The calculation was to be communicated to the petitioner within two weeks and the petitioner was to deposit the amount within four weeks thereafter. It was further directed that if the petitioner deposits the amount within the stipulated time, AIADA was directed to issue the allotment letter to the petitioner on fulfilling the other terms and conditions. (d) Pursuant to the order dated 10.03.2011 passed in W.P. (C) No. 2227 of 2010 the petitioner duly deposited the entire amount but in spite of such deposit, fresh allotment letter was not issued to the petitioner. Accordingly the petitioner filed Cont. (Civil) No. 555 of 2011 wherein following direction was made by this Court vide order dated 13.01.2012 which reads as under:- “Accordingly, the petitioner is directed to pay the balance amount of Rs. 3,37,000/-(rounded off) within three weeks from today. On such deposit, AIADA will issue a fresh allotment letter and execute the lease deed in favour of the petitioner on completing the formalities by the petitioner, as early as possible and preferably within four weeks from the date of such deposit. With these observations and directions, this contempt case is disposed of.” (e) Counsel for the petitioner submits that, after the order dated 13.01.2012 passed in Cont. (Civil) Case No. 555 of 2011, the petitioner duly deposited the amount of Rs. 3,37,000/- within the stipulated time and pursuant thereof the fresh letter of allotment dated 28.03.2012 as contained in Annexure-20 to the writ petition was issued to the petitioner. (f) He submits that as per clause 1.6 of the letter of allotment, the unit has to execute lease in the prescribed form within a period of six months from taking possession of the land. He submits that the possession was handed over to the petitioner on 05.07.2012. (g) The petitioner was handed over the format of the lease deed by the respondents vide letter dated 21.12.2012. (h) The petitioner produced documents relating to the execution of the lease deed including stamp paper.
He submits that the possession was handed over to the petitioner on 05.07.2012. (g) The petitioner was handed over the format of the lease deed by the respondents vide letter dated 21.12.2012. (h) The petitioner produced documents relating to the execution of the lease deed including stamp paper. (i) The petitioner submits that in spite of having taken steps for execution of the lease deed, and in spite of giving repeated reminders, the lease deed has not been executed by the respondents which led to filing of the instant writ petition. He submits that in the last letter of request dated 02.05.2015 for execution of the lease deed, the petitioner has also mentioned that on account of non registration of the lease deed, the petitioner is not in a position to get the SSI registration (Small Scale Industries Registration) and is suffering economic loss due to non-registration of the lease deed. (j) Counsel for the petitioner submits that one weigh bridge has been constructed which is the integral part of the industrial activity of the petitioner and the respondents have taken frivolous plea in the counter affidavit in connection with construction of weigh bridge only to deny the execution of the lease deed although admittedly the petitioner has commenced production in its industrial unit as back as on 05.09.2014. (k) The counsel for the petitioner submits that if there is any deviation from the approved plan, then, either the plan can be revised or the construction can be rectified and if any notice is issued to the petitioner to that effect, the same can be taken care of by the petitioner, but the same cannot be a ground for non-registration of the lease deed. 5. A counter affidavit has been filed in this case and counsel refers to paragraph 6 of the counter affidavit that, upon on the spot verification, it was found that only 1/4th of the total allotted land has been utilised for the installation of machines for industrial purpose i.e. H.R. Coils cutting. Besides some portion of the land had been utilised for construction of office room, godown, corridor, pickling plant shed, worker’s quarter and temple etc. The petitioner has also set up a weigh bridge (Kanta-Dharam Kanta). According to the respondents, the installation of weigh bridge cannot be called industrial activity.
Besides some portion of the land had been utilised for construction of office room, godown, corridor, pickling plant shed, worker’s quarter and temple etc. The petitioner has also set up a weigh bridge (Kanta-Dharam Kanta). According to the respondents, the installation of weigh bridge cannot be called industrial activity. It further appears from the counter affidavit that the respondents have taken a stand that the petitioner has not constructed a factory shed as per the approved plan and the weigh bridge has been constructed, although the same is not the part of the approved plan. On the basis of the counter affidavit, the counsel for the respondents submits that the lease deed has not been registered by the respondents. 6. Considering the aforesaid facts and circumstances of this case this court finds that the petitioner has paid the entire amount in relation to the property involved in this case as per the directions issued by this Court in order dated 10.03.2011 passed in W.P. (C) No. 2227 of 2010 read with order dated 13.01.2012 passed in Cont. (Civil) Case No. 555 of 2011 and as per the provisions of the allotment letter itself, lease deed has to be executed within a period of six months from the date of taking the possession. It is also not in dispute that the petitioner has already installed the machinery in the premises and production has been started from 05.09.2014. The counsel for the respondents have failed to point out any violation of terms and conditions of the allotment of land so as to deny registration of the same in favour of the petitioner inspite of having received the entire amount from the petitioner pursuant to the directions passed by this court in order dated 10.03.2011 passed in W.P. (C) No. 2227 of 2010 read with order dated 13.01.2012 passed in Cont. (Civil) Case No. 555 of 2011. In such circumstance, this court is of considered view that the respondents have no justifiable reason for non registration of the lease deed. 7. So far as grievance of the respondents regarding approved plan is concerned, the same can be taken care of if any notice to that effect is issued to the petitioner either by revising the plan or by rectifying the construction. 8.
7. So far as grievance of the respondents regarding approved plan is concerned, the same can be taken care of if any notice to that effect is issued to the petitioner either by revising the plan or by rectifying the construction. 8. Considering the aforesaid facts and circumstances, this court is inclined to allow this writ petition and this court directs the respondent no. 3 to ensure the execution of the lease deed within a period of five months from the date of receipt of the copy of this order. As the validity of the stamp paper already submitted by the petitioner with the respondents for the execution of the lease deed must have expired, the respondent no 3 is further directed to return the stamp paper to the petitioner within a period of one month from today so that required stamp paper is again submitted by the petitioner. It is further directed to the Respondent No. 3 to take all necessary steps so that the lease deed is executed in favour of the petitioner within a period of four months thereafter in accordance with law. 9. This writ petition is disposed of with aforesaid observation and direction. Petition disposed of.