LOS ANGELES FOOD PROCESSING LIMITED Vs. HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION AND ORS

JUDGEMENT

(1.) Challenge in the present writ petition is to the order (Annexure P-20) dated 14.11.2008, whereby the plots No. 47-58, Sector 6, at Growth Centre, Bawal was cancelled and the order in appeal (Annexure P-28) dated 9.11.2009, whereby the appeal against the said order was dismissed. The petitioner was allotted plots in dispute measuring 21600 square meters at a tentative price of Rs. 1,72,80,000/-for the project of setting up a candy plant as per the allotment letter dated 23.6.2005 (Annexure P-1) appended with the petition. In terms of the conditions of letter of allotment, petitioner was to start construction of the building as per the approved building plans within a period of one year of the offer of possession and was required to start commercial production within a period of three years from the date of offer of possession. Relevant clauses from the letter of allotment reads as under:

(2.) In terms of letter of allotment, an agreement (Annexure P-3) was executed between the parties, wherein, the relevant clauses in respect of such construction read as under:

(3.) The undisputed facts are that the possession was offered in letter of allotment itself but at the site, the land was found to be 22860 square meters on actual measurements instead of 21600 square meters allotted. The petitioner was asked to deposit the cost of excess/additional area on 17.2.2006. Petitioner deposited an additional amount of Rs. 10,08,000/-as demanded on 13.6.2006. It was on 20.7.2006, the physical possession of the entire land measuring 22860 square meters was handed over to the petitioner. On 22.6.2007 (Annexure R/5), petitioner communicated to the respondents that they are in the process of preparation of submission of drawing and will take another 1 or 2 working days to submit the same for approval. In terms of the said letter, on 29.6.2007, building plans were submitted for sanction but the same were sanctioned only on 1.4.2008 (Annexure P-15).