MANAGING DIRECTOR ORISSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION BHUBANESWAR Vs. SARATCHANDRAPATNAIK

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) This appeal by special leave arises from the order of the division bench of the High court of orissa, Cuttack bench made in OJC No. 779 of 1989. Admittedly, the appellant-corporation was constituted under the orissa Industrial Infrastructure Development Corporation Act, 1980 (for short "the Act"). The Board has been constituted for the management of the affairs of the business of the Corporation. Section 49 of the Act empowers the State government to place any industrial area or industrial estate under the management and control of the Corporation. In furtherance thereof, certain plots have been offered for allotment in the industrial areas. The respondent is one of the offences to accept the plot. By letter dated 1/8/1987, the appellant had offered the shed for 90 years' lease for the consideration mentioned thereunder. The respondent, by letter dated 3/9/1987, acceptedthe offer and requested to transfer the plot in his favour. In furtherance thereof, the plot came to be allotted. Subsequently, relying upon the internal correspondence between the government and the respondent and the letter of the government dated 14/10/1980, the respondent filed a writ petition in the High court seeking direction to reduce the amount fixed under the lease. The High court in the impugned order directed to place the matter before the government for final decision in the light of the directions.