PRINCE TALKIES Vs. STATE OF ODISHA

JUDGEMENT

(1.) This intra court appeal is preferred from the order dated 21.7.2014 in W.P.(C) No. 13115 of 2007.

(2.) The appellant, as the original petitioner, claimed that the Industrial Department of the State Government had, through its Industrial Plot Allotment Committee, approved on 25.10.1986 the petitioner as small scale unit and recommended allotment of land to it. Pursuant thereto, allotment was made to the appellant vide Government Order No. 11381 dated 11.7.1989 for constructing a Cinema Hall at Bhubaneswar. After that, the appellant made a representation to the then Hon'ble Chief Minister to fix the cost of that land on industrial rate basis. That proves the point that the appellant had not paid the premium of Rs.7,50,000/- (Rupees Seven Lakhs fifty thousand) in terms of the allotment order dated 11.7.1989. However, the Government was pleased to allow the appellant to deposit the premium of Rs.7,50,000/- in three equal quarterly instalments vide order dated 24.11.1992 with the clear stipulation that in case of failure to comply with the order in time, the allotment order shall stand automatically cancelled. Admittedly, the appellant had not paid any amount except first instalment of Rs.2,50,000/- on 30.12.1992.

(3.) In the above background of relevant facts, it was argued before the learned Single Judge that no opportunity of hearing was granted to the appellant before cancellation of allotment. As against that, it was argued by learned Addl. Government Advocate that sufficient time was granted to the appellant to deposit the cost of the land with premium. As no further payment was made, order of cancellation of allotment had to be passed. It may be pertinent to note here that one of the other conditions of the allotment was completing construction of the building within two years as per the approved plan which condition also could not be complied with in the wake of default in making further payments.