DEEPAK R SAMANT Vs. COLLECTOR

JUDGEMENT

(1.) THE petitioner has challenged the order dated 3rd December 1997, Annexure-I to the petition, passed by the Collector, Dang, whereby the lease which was granted in respect of Plot No. 25, admeasuring 2000 square yards, in favour of the petitioner was cancelled on the ground that the petitioner has not completed the construction work as per conditions.

(2.) THE petitioner had applied for allotment of plot of 2000 square yards in Type "c" at Saputara in Dang District. The said application was granted, necessary payment was made and possession of the plot was handed over to the petitioner on 5th August 1972. The sanction letter provided that the deposit of Rs. 5000/- will be refunded on completion of the construction work in prescribed time. The petitioner wanted to complete the construction in three phases as necessary infrastructure was not available at Saputara in those days. On completion of the first phase, the petitioner applied for refund of deposit of Rs. 5000/-, but respondent replied that the same would be refunded only on completion of the construction within the time prescribed.

(3.) ON 22nd February 1991 since the construction work was not completed as per the plans, a show cause notice was issued to the petitioner as to why the amount of deposit should not be forfeited. Reply was given by the petitioner. The construction proceeded and was at the stage of completion.