STATE OF HARYANA Vs. INDIAN HARDWARE INDUSTRIES LIMITED

JUDGEMENT

(1.) The State of Haryana has filed this Letters Patent Appeal against the judgment dated 09.10.2015 in CWP No.615 of 2015 titled 'Indian Hardware Industries Limited vs. State of Haryana and others', whereby, the writ petition filed by the Respondent was allowed.

(2.) The Respondent-Company had filed the writ petition impugning the order/ letter dated 15.12.2014 (P-16) whereby the earlier communication dated 24.11.2014 (P-14) requiring it to deposit 25% of the total sale consideration along with other charges in respect of transfer of 3426 sq. yards of residential area to it, in terms of the order dated 13.10.2014 (P-12) of the Tehsildar (Sales), Faridabad under the provisions of The Haryana Evacuee Property(Management and Disposal) Act, 2008, was withdrawn.

(3.) The facts in brief as emerging from the pleadings are that the Government of India had acquired 450 acres of land to establish a New Industrial Township at Faridabad (for short "NIT") for persons displaced from Pakistan. Major portion of this land was given on lease to various industries. As per Memorandum of Agreement dated 23.09.1954 (P-1), two parcels of land total measuring 7.79 acres were leased out to the Respondent-Company by the Government of India for a period of five years The first parcel being factory building along with land (combined area measuring 4.17 acres) and second parcel being residential complex consisting of 4 Bungalows over a piece of land measuring 3.62 acres i.e. 17562 sq. yards. The Respondent-Company came into possession of this property in terms of this agreement. This agreement/ lease, however, was never extended. The Respondent-Company purchased the factory area along with the building from the Government of India and a Sale Deed was executed on 22.10.1970 by the Government of India for land measuring 4.17 acres. This sale was effected under the The Displaced Persons (Compensation and Rehabilitation) Act, 1954. Though offer of sale of residential complex measuring 3.62 acres was also made to the company but the same did not materialize primarily because the Respondent-Company did not agree to its purchase at the rate at which it was offered by the Government.