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2021 DIGILAW 1961 (RAJ)

Markap Resources Pvt. Ltd v. Rajasthan State Industrial Development

2021-10-18

VINIT KUMAR MATHUR

body2021
JUDGMENT Vinit Kumar Mathur, J. - The present writ petition has been filed by the petitioner for the following relief:- "1. The respondent ? RIICO may kindly be restrained from cancelling the allotment of plot in favour of the petitioner, and 2. The respondent- RIICO be restrained from levying any retention charges on the petitioner, and 3. Any other appropriate order, which this Hon?ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner, and 4. Allow cost of the writ petitioner to the petitioner". 2. Learned counsel for the petitioner submits that though land allotted by the respondents was leased out to the petitioner on the ground that construction on the subject piece of land will be completed by the petitioner within a period of two years from the date of allotment. Admittedly, learned counsel for the petitioner fairly submits that within the time stipulated by the respondents, the construction could not be completed by the petitioner for the reasons beyond his control. Although, a notice for cancellation of allotment was received by the petitioner in the year 2018 yet the petitioner completed the required construction on the subject piece of land after some delay. The counsel further submits that for condonation of delay in raising the construction, an appropriate application has already been moved before the competent authority but the same is not being considered. The counsel submits that he will move a fresh application for condonation of delay in raising the construction on the subject piece of land. In the circumstances, the present writ petition is disposed of with a direction to the respondents that in the event the petitioner moves an application for condonation of delay in raising the construction, the same will be considered and decided strictly in accordance with law. The respondent- RIICO be restrained from levying any retention charges on the petitioner, and 3. Any other appropriate order, which this Hon?ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner, and 4. Allow cost of the writ petitioner to the petitioner". 3. The respondent- RIICO be restrained from levying any retention charges on the petitioner, and 3. Any other appropriate order, which this Hon?ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner, and 4. Allow cost of the writ petitioner to the petitioner". 3. Learned counsel for the petitioner submits that though land allotted by the respondents was leased out to the petitioner on the ground that construction on the subject piece of land will be completed by the petitioner within a period of two years from the date of allotment. 4. Admittedly, learned counsel for the petitioner fairly submits that within the time stipulated by the respondents, the construction could not be completed by the petitioner for the reasons beyond his control. Although, a notice for cancellation of allotment was received by the petitioner in the year 2018 yet the petitioner completed the required construction on the subject piece of land after some delay. The counsel further submits that for condonation of delay in raising the construction, an appropriate application has already been moved before the competent authority but the same is not being considered. The counsel submits that he will move a fresh application for condonation of delay in raising the construction on the subject piece of land. 5. In the circumstances, the present writ petition is disposed of with a direction to the respondents that in the event the petitioner moves an application for condonation of delay in raising the construction, the same will be considered and decided strictly in accordance with law.