UNIQUE ORGANICS LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Brief facts of the case are that auction of the industrial plot No. E-522 measuring 49.7x62 mtrs. Situated at Sitapura Industrial Area, Jaipur took place on 20.03.1997. The petitioner also participated in the auction proceedings and his bid was accepted being highest on 29.03.97 and the petitioner deposited 25% of the cost of the plot on 10.04.97.

(2.) On 30.05.97, on the ground of delay on the part of the RIICO in hading over the possession to the petitioner company, the petitioner informed the RIICO that the company is no more interested in purchasing the plot, but the respondents have not accepted the surrender of the plot and have forfeited 25% of the cost which has been deposited by the petitioner and cancelled the allotment vide order dated 14.08.97.

(3.) The main contention of the petitioner is that instead of cancelling the said allotment of plot, it should be considered as surrender by the petitioner, as informed vide Annexure-7 dated 30.05.97. As the petitioner company was not at all interested to purchase the plot and surrender the same, the respondents could only forfeit the amount as per Rule 18(6) (Surrender/Cancellation of Plots) of the RIICO Disposal of Land Rules, 1979 (for short 'the Rules of 1979'), according to which, if any allottee or a lessee intends to surrender a plot or part thereof for any reason, the corporation may accept it on the c ondition as it may deem fit. In such cases of surrender of plots or on cancellation of plot the amount of development charges recovered from the party will be refunded. However, the amount of security money, economic rent, service charges and interest on unpaid economic rent and service charges shall be deducted while refunding the amount.