RAJASTHAN STATE INDUSTRIAL DEVELOPMENT Vs. DCM LIMITED

JUDGEMENT

(1.) This intra-court appeal is directed against order dated 25.1.07 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the writ petitioner-Delhi Cloth Mills Limited ('the petitioner-Company') assailing the demand of Rs.122.29 lacs raised by the Rajasthan Industrial Development and Investment Corporation Limited ('RIICO'), towards economic rent, service charges and interest against the lands allotted to the petitioner-Company at Large Scale Industrial Area, Kota and seeking direction for release of original lease deed dated 3.1.64 and other documents relating to land leased out to the petitioner- Company, has been allowed.

(2.) The facts relevant in nutshell are that the petitioner, a public limited company, formerly known as Delhi Cloth and General Mills Company Limited, was allotted 430.8 acres of land by the State Government for establishing Vinyl and Chemical Industries in Kota on lease hold basis for a period of 99 years on annual rent of Rs.12,924/- and accordingly, a lease deed was executed on 25.8.61. In pursuance of the lease deed executed, the petitioner- Company deposited a sum of Rs.1,29,240/- by way of development charges with the State Government in accordance with provisions of Rule 3(ii) of the Rajasthan Land Revenue (Industrial Areas Allotment) Rules, 1959 (for short 'the Rules of 1959' hereinafter). The possession of the land was handed over to the petitioner-Company on which the industries were established as proposed. Later, a fresh lease deed was executed between the petitioner-Company and the State Government on 3.1.64, as earlier the lease deed had not been properly executed. The petitioner-Company required more land for the purpose of setting up a fertilizer industry and other allied industries and therefore, pursuant to the allotment made yet another lease deed dated 1.7.67 was executed between the petitioner-Company and the State Government for an area of 1454 bighs and 10 biswas of land equivalent to 581-96 acres, situated opposite Rajpura Talab in Industrial Area, Kota. The said lease deed was also executed for a period of 99 years, on yearly rent Rs.17,458.80 @ Rs.30 per acre. The petitioner-Company deposited development charges a sum of Rs.8,72,940/- @ Rs.1500 per acre. Thereafter, the petitioner- Company continue to deposit lease rent regularly in Tehsil Ladpura, as directed by the District Collector vide letter dated 14.6.68.

(3.) In the year 1969, Rajasthan State Industrial and Mineral Development Corporation ('RSIMDC'), a Government enterprise, was incorporated under the Companies Act , 1956, which was later bifurcated into RIICO and Rajasthan State Mineral Development Corporation ('RSMDC').