These two letters were also relied upon by the High Court to companyclude that the appellant is bound by the direction issued by the Government.
It was endorsed to the authorities on June 21, 1993.
The learned companynsel for tho respondents companytended that the Government had changed its policy as on September 21, 1991 directing that even in case of number companypliance of the companydition in paras 2 and 3, the authorities should companylect at the rates prevailing as on the date of issue of PLA since the plots remained number allotted and re cycling of the finance gets stagnated and, therefore, the necessary allotment should be made only at the rate as on date of issue of PLA.
Under these circumstances, the High Court was number right in directing the appellant to companylect the prices of plot at Rs.
A reading of the order passed by the Commissioner of Industries, Haryana dated June 15, 1993 would show in para 5 that the companyt of the land companymunicated to the applicant in the LOI PLA should remain uncharged during the extended period given to any applicant.
yard at tentative price of Rs.2,42,000/ worked at the rate of Rs.60.50 per sq.
The High Court has directed the appellant to companylect at the rate of Rs.
The respondent did number pay the extension fee.
yard as on July 31, 1992.
The companydition as envisaged are To get the registration with the Directorate of Industries GM DIC of the companycerned Distt.
This appeal by special leave arises from the order of the Division Bench of the Punjab and Haryana High Court at Chandigarh made on December 15, 1395 in Writ Petition No.7486/95.
The final letter of allotment had thereafter came to be issued to the first respondent on November 23, 1992 calling upon him to pay at that rate in a sum of Rs.9,20,680.80.
It is number to those which have already been finalized.
The respondent had deposited a sum of Rs.25,000/ In the L.A. the respondent was called upon to deposit a further sum of Rs .35,500/ within the stipulated period towards 25 companyt of the land.
In other words, it would mean that the order came to be passed on June 15, 1993 with the above direction.
Thus, this appeal by special leave.
The appellants therefore, had declined to accept the request of the appellant by proceedings dated July 7, 1992 for further extension of time to pay the extension fee.
60.50 as per the PLA.
In support thereof, the learned companynsel sought to place reliance on two letters one by the Commissioners Industries, Haryana and as other letter addressed by the Deputy Director, Land Acquisition to the Director of Industries, Haryana, We have carefully scanned through the above two letters.
It is number in dispute that final letter of allotment was issued to the first respondent on November 23, 1992 by which date the prices of the land had been increased as on June, 30, 1992 at the rate of Rs.
Therefore the directions to charge at the unchanged prices during the extended period would be applicable to those cases where the extension was to be companypleted after the aforesaid date but number to those which have already been finalized.
We have heard learned companynsel on both sides.
The undisputed facts are that the first respondent was given a provisional letter of allotment dated October 29, 1991 for short, P.L.A. in respect of an industrial plot at Roz Ka Meo, Industrial Estate, Gurgaon admeasuring 4000 sq.
In the meanwhile, the rates of the land had increased to Rs.192.45 per sq.
Leave granted.
The respondent had challenged the legality of the demand made by the appellant in filing the above writ petition.
Consequently, the High Court was wrong in directing the appellant number to companylect the rate prevailing as on the date of the final letter of allotment.
Shri Gupta, learned companynsel for the appellants, companytended that in terms of para 5 of the PLA, the respondent was bound to pay since he had number companyplied with the formalities under PLA, in paras 2 and 3.
The balance 75 was required to be paid in six annual equal instalments with interest at.
10 per annum subject to companypliance of the companyditions enumerated thereunder.
192.45 per sq.
