The respondent was number only estopped from claiming an additional half acre of land but even the letter dated 27.12.1984 did number give the respondent any legal right to insist upon the allotment of one acre of land because the only letter of final allotment which was issued in favour of the respondent, was the one dated 6.7.1990 whereby only half acre of land was allotted and the said allotment was accepted by the respondent without demure, till he chose to file the Writ Petition four year thereafter.
Vide letter dated 14.1.1989 the respondent companyveyed his acceptance of half acre plot and observed as follows However, 1 accept 1/2 acre plot as desired by you in the letter dated 5.1.1989 mentioned above at the original rates, but reserve the right to claim further 1/2 acre plot.
374 375 had been wrongly mentioned in the provisional letter of allotment dated 5.11.1986 and that the respondents case for allotment of alternative plot of one acre had been companysidered and approved but the plot number would be intimated shortly.
In the present case even though in the letter dated 27.12.1984 the respondent had been offered a plot of land measuring one acre yet by subsequent letter dated 5.1.1989, a revised offer was made whereby he was offered a plot measuring half acre at the old rate of Rs.
In this appeal, by special leave, there is challenge to two judgments of the Punjab Haryana High Court, the first being judgment dated 14.11.1994 whereby the respondents writ petition was allowed and the appellant was directed to allot a plot of land measuring half acre and the second judgment is dated 9.8.1995 whereby the Review Application filed by the appellant herein, was dismissed.
These pre requisite formalities were required to be companypleted within 120 days of the said letter dated 5.11.1986 and it was stipulated that if this was number done within the specified time, then the provisional letter of allotment shall be treated as having been withdrawn unless its validity was extended in writing by the Corporation.
The case of the appellant is that a mutual agreement was arrived at as a result of which letter dated 5.1.1989 was written by the appellant to the respondent whereby the respondent was offered a half acre plot in Udyog Vihar, Phase IV at the old rate of Rs.
Vide letter dated 14.1.1989, a companyditional acceptance was companyveyed by the respondent whereby he had stated that he accepted the half acre of plot but he reserve the right to claim further half acre of plot.
In this letter, it was further stated as under Reverting to your letter of 14th January, 1989 we would like to clarify here that this offer for 1/2 acre size plot has been made in your favour as per the companysent you given to our Managing Director during the companyrse of discussion on 3rd December and it will number be possible to give you any more plot against this application.
It is only thereafter that the formal allotment letter dated 6.7.1990 was issued to him which was followed by a formal agreement and handing over possession of the said plot Nos.
Allotment of plot of one acre in favour of the respondent was approved and he was requested to deposit 15 of the companyt of land vide letter dated 27.10.1983.
359 which had been allotted to the respondent was changed to two plots measuring half acres each and renumbered as Plot Nos.
To this, the appellant wrote letter dated 24.2.1989 again stating that half acre of land was offered to him and that he was clarified that this offer was made in his favour as per the companysent given by him to the appellants Managing Director during the companyrse of discussion on 3.12.1990.
The High Court by its judgment dated 14.11.1994 came to the company elusion that there was numberreason shown by any companyrespondence on record as to why the area of the plot which was to be allotted to the respondent vide allotment letter dated 24.12.1984 had been reduced.
emphasis added In response to the aforesaid provisional letter of allotment dated 24.2.1989, the respondent wrote a letter dated 4.3.1989 in which it was stated as follows Offer of half acre plot Nos.
On the receipt of the aforesaid reply, a formal provisional letter of allotment dated 24.2.1989 was issued to the respondent whereby two industrial plot Nos.
The appellant herein companytended that the letter dated 27.12.1984 had been superseded and a fresh agreement had been entered into between the parties after the respondent herein had accepted 2000 sq.
It was also stated that one of the companyditions of allotment vide letter dated 6.7.1990 was that the unit was to be set up within two years from the date of allotment put the respondent had even failed to utilise the plots of land which had been handed over to him.
The respondent applied for an industrial plot in Phase IV, Udyog Vihar, Gurgaon for setting up a unit to manufacture reinforced companycrete cement pipe and assessories.
374 375 were number available and had been wrongly offered to the respondent.
374 375 measuring one acre at the tentative rate of Rs.
These pre requisites were to be companypleted within 120 days of the date of allotment.
But, before the allotment was issued in his favour, he was required to companyply with certain pre requisites enumerated in the said letter of allotment which were companynected with the implementation of the respondents proposed project.
Basing his claim on the earlier provisional allotment letter dated 27.12.1984 the respondent, inter alia, prayed that the appellant herein should and ought to deliver the remaining half acre of plot.
1 2 measuring 1000 sq.
1 2 measuring 1000 sq.
1 2 measuring 1000 sq.
359 measuring one acre in Udyog Vihar, Phase IV, Gurgaon at the tentative rate of Rs.
1 2 measuring 2000 sq.
The High Court, accordingly, directed the appellant to allot the remaining half acre of plot within a specified period.
On the receipt of the aforesaid letter, a final letter of allotment dated 6.7.1990 was issued to the respondent.
This letter further stipulated that the provisional letter of allotment will number give any legal right of allotment unless the final allotment letter is issued.
It is in response to this letter seeking the aforesaid clarification that the respondent wrote the letter dated 4.3.1989 wherein he unconditionally accepted the plot Nos.
On the said 15 having been deposited by the respondent, he was offered an industrial plot No.
In the companyrse of its activities, in 1983 it invite applications for allotment of certain plots of land to set up industrial units in Gurgaon.
It may be mentioned that I have deposited the required money for 1 acre plot.
374 375.
The respondent was, accordingly, informed vide letter dated 10.11.1986 that the plot Nos.
It was further stated in this letter that with this offer half acre of plot at Rs.
A provisional letter of allotment dated 27.12.1984 was issued and it was made clear therein that the respondent was required to fulfil certain pre requisites companynected with the implementation of the proposed project before the final allotment companyld be made in his favour.
These pre requisites included the unit being registered with the appropriate authority, drawing of the unit approved, building and machinery being sanctioned and list of plant and machinery to be installed at the unit.
120 60 Sq.
41 of 1995 was filed by the appellant herein but the same was dismissed by judgment dated 9.8.1995.
Another provisional letter of allotment dated 5.11.1986 was written to the respondent stating therein that it had been decided to offer him industrial plot Nos.
This was followed by the signing of an agreement between the parties after which the possession of the said plots was handed over to the respondent on 4.9.1990.
According to the appellant, for administrative reasons the industrial plot No.
metres each total 2000 sq.
metre the present case will be treated as closed thereafter and request for additional space would be companysidered on submission of a fresh application, but the rate of land will be at the rate prevailing at that time.
Soon after the despatch of the letter dated 5.11.1986, the appellant learnt that the aforesaid plot Nos.
By this letter, the respondent was again required to companyplete the pre requisites companynected with the implementation of the respondents project and he was also asked to companyvey his acceptance to the companyditions within 30 days.
It is the case of the appellant that the respondent neither companyplied with the formalities, as companytemplated by the aforesaid letter dated 27.12.1984, within the time schedule number deposited any further amount with the appellant.
metres each, the respondent had given up his right for the remaining half acre of land.
In view of the above, the appellant was number liable to allot an additional half acre of land to the respondent to whom plot Nos.
However, you are at liberty to apply for plot against our further advertisement on new rates and on terms and companyditions prevalent at that time and in that event your case will be companysidered alongwith others on merits.
The respondent was requested to companyfirm the acceptance of an area of 2000 sq.
I am in touch with the District Industries center Divisional Town Planner and Haryana Financial Corporation.
The relevant facts are that the appellant is a Government companypany which is, inter alia, engaged in carrying out activities towards the advancement of industrial development in the State of Haryana.
120 per sq.
120 per sq.
120 per sq.
120 per sq.
120 per sq.
It did number accept the companytention of the appellant herein that while accepting plot Nos.
metres each al Udyog Vihar.
1 and 2.
1 and 2 to the respondent.
metres of land which had been allotted to him.
In the end, we remind you to companyplete the companyditions mentioned at i to iii and furnish us proof thereof within the stipulated period to enable us to issue the allotment letter.
The respondent then filed a Writ Petition No.
metre was proposed to be allotted to the respondent.
5123 of 1994 in the Punjab and Haryana High Court.
You may please numbere that since the plot has been offered to you at the old rate of Rs.
Thereafter, Review Application No.
Leave granted.
metre, the companyporation shall number be in a position to accede to any of your request for transfer of plot and that you are required to implement your project within one year from the date of issue of allotment letter.
Phase IV at the tentative rate of Rs.
metres for the proposedproject and this acceptance was required to be given within 15 days of the issue of the said letter.
metre.
metre.
metres is acceptable.
I hope to companyplete all the formalities very soon.
Thereafter, it seems that discussion took place between the appellant and the respondent regarding the allotment of one acre plot.
