RAVINDER KUMAR YADAV Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD , PANCHKULA & OTHERS

JUDGEMENT

(1.) The petitioner applied for allotment of an industrial plot at Industrial Growth Centre, Bawal, District Rewari for setting up of a project of Software Development. Vide Letter of Allotment dated 31.3.2006, the petitioner was allotted an industrial plot bearing No.81, Sector 3 having an area of 450 sq. mtr. for setting up of the said project with certain terms and conditions. As per the agreement executed by the petitioner, in pursuance of the said allotment letter, copy of which has been annexed with the petition as Annexure P-3, the petitioner was to implement the project within a period of two years from the date of offer of possession and implementation of the project shall mean the commencement of commercial production, after installation of the plant and machinery.

(2.) In the year 2006, the respondents also invited applications for allotment of free hold plots to Co-operative Group Housing Societies comprising of Industrial Workers/Executives/Allottees and Industrial Firms/Companies. The petitioner being allottee of the industrial plot had also applied for allotment of Group Housing site for being utilized for residential accommodation for the workers engaged in the industrial project.

(3.) The petitioner was allotted a 2000 sq. mtr. Plot vide Letter of Intent issued on 30.3.2007 (Annexure P-5) on certain terms and conditions. One of the conditions was that the petitioner was required to submit the proof in respect of the commencement of the industrial production in his industrial unit. Since the petitioner could not commence the industrial production, he was issued a show-cause notice dated 17.5.2010 (Annexure P10) as to why the Letter of Intent issued in his favour for allotment of Group Housing Plot No.4, Sector 2, Growth Centre, Bawal be not withdrawn on account of violation of the terms and conditions of the Letter of Intent. Ultimately, vide order dated 13/16.8.2010 (Annexure P-13) the said Letter of Intent was withdrawn on the ground that the permissible period of three years allowed to the petitioner for implementation of the industrial project on Plot No.81, Sector 3 expired on 30.3.2009 and he has failed to commence production activity on the industrial plot, which is in clear violation of the prescribed timelines of the LOI and, thus, the LOI issued by the respondentCorporation to the petitioner for allotment of the Group Housing site stands withdrawn.