MESCO KALINGA STEEL LIMITED Vs. ORISSA INDUSTRIAL

JUDGEMENT

(1.) M /s. MESCO Kalinga Steel Limited (in short, 'the MESCO') the Petitioner herein, has approached this Court in the present Writ Petition for a second time, inter alia, challenging the notice dated 4.7.2003 issued by the Opp. Party No. 1 -IDCO directing the Petitioner to deposit the balance amount of Rs. 22,84,48, 890.00 and for execution of the lease deed, notice dated 25.7.2003 issued by the IDCO cancelling the deed of delivery and resuming the land back, letter dated 26.9.2003 issued by the IDCO refusing to withdraw the notice of resumption dated 25.7.2003 and the Order Dated 25.2.2004 issued by the IDCO rejecting the Petitioner's representation dated 20.1.2004 pursuant to the order passed by this Court in an earlier Writ Petition.

(2.) FOR just appreciation of the case, it is necessary to go into the facts of the case, in brief, which are as follows:

(3.) THE Petitioner was served with a notice dated 4.7.2003 issued by the IDCO, directing it to deposit the balance defaulted amount of Rs. 22,84,48,890.00 towards land cost and statutory dues towards ground rent and cess and to execute the lease deed by 19.7.2003, failing which, the IDCO will be constrained to resume the said land at the cost of the Petitioner and the amount of Rs. 1.25 crores already deposited by the Petitioner will be adjusted towards compensation for use and occupation of the land, vide Annexure -6 to the Writ Petition. The said letter was received by the Petitioner's office at New Delhi on 16.7.2003 as claimed by the Petitioner. The Petitioner further states that as the letter was received at a belated stage, it sought for reasonable time for submitting its reply to the said notice of resumption by its letter dated 17.7.2003 addressed to the IDCO vide Annexure -7. It is alleged that the IDCO instead of affording a fair and reasonable opportunity to the Petitioner, vide its letter dated 25.7.2003 intimated the Petitioner that the deed of delivery of possession given for Ac. 1756.29 of land in Kalinga Nagar Industrial Complex on 18.6.1996 is cancelled and the land is resumed back. It was also stated in the said letter that a sum of Rs. 1.25 crores deposited by the Petitioner stands forfeited being adjusted towards compensation for use and occupation of the land and damages, vide Annexure -8. On receipt of the above letter, the Petitioner submitted a detailed representation on 20.8.2003 making a request to the IDCO to execute the lease deed and allow the Petitioner to clear up the outstanding instalments (Annexure -9). The IDCO replied to the said letter on 26.9.2003 intimating the Petitioner that its request for withdrawal of resumption and execution of lease deed after resumption of the land is unwarranted, unreasonable, untenable under law and bears no meaning (Annexure -10). The Petitioner being aggrieved by the said refusal of IDCO to consider its case, approached this Court in W.P.(C) No. 12857 of 2003 challenging the said decision of the IDCO with regard to resumption of the land. This Court disposed of the said Writ Petition on 15.1.2004 with the following order: