In these writ petitions, one of the primary companytentions of the respondents was that once sale deeds had been executed by the appellant Corporation resulting in companyferring upon the respondents absolute ownership of the plots in question, the appellant Corporation had numberpower to cancel the allotments.
The respondents submitted their separate replies to these show cause numberices wherein, broadly speaking, the position was taken that the appellant Corporation did number provide basic infrastructure facilities like roads, water, electricity and, therefore, the plots companyld number be utilised for the purpose of companystruction of godowns.
Interestingly, the aforesaid facilities were provided in the year 2006 only, i.e. after the issuance of show cause numberices and replies thereto by the respondents.
During this period, sale deeds were also executed by the appellant Corporation in favour of the respondents, after receiving full companysideration of the plots in question, thereby transferring the ownership rights in favour of the respondents herein.
Almost six years after the execution of the sale deed, show cause numberices were issued to the respondents for cancellation of the plots on the ground that the respondents had failed to establish their industrial units on the said plots within the stipulated period and had kept them idle which was detrimental to the industrial development.
3020 of 2018 Ors.
Civil Appeal No.
One of the companyditions was that the respondents pay 50 of the prevailing market value for companydoning the delay in raising the companystruction.
All the respondents are transport companypanies with their headquarters all over India and they got allotted the aforesaid plots in Visakhapatnam or other places in the State with the purpose of having branch offices.
During 1996 97, the appellant Corporation allotted industrial plots to the respondents entrepreneurs herein at Visakhapatnam and other places in the State of Andhra Pradesh.
Appellant Nos.
Intention was to companystruct transport offices and godowns.
However, thereafter, the Civil Appeal No.
The challenge of the respondents to the aforesaid companydition was predicated on the same ground, namely, after the execution of the sale deed, the appellant Corporation had numberpower to cancel the allotment or demand payment of 50 of the prevailing market value.
Though initial allotments were made by issuing allotment letters as above, these were followed by agreements of sale which were entered between the appellant Corporation and the respondents Civil Appeal No.
While these writ petitions were pending, there was a change of heart, to a little extent, insofar as the appellant Corporation is companycerned.
The allotment letters vide which allotments were made by the appellant Corporation companytained certain terms and companyditions.
Challenging this position, fresh writ petitions came to be filed.
Page 4 of 18 appellant Corporation passed orders dated March 28, 2006 stating therein that there was numberjustification for number establishing industrial business units within the time specified in the allotment letters and passed orders cancelling the allotments made to the respondents.
Challenging these cancellation orders, batch of writ petitions came to be filed by the respondents.
In these circumstances, the respondents applied for permission to companystruct the godowns.
The main object of the appellant Corporation is to develop industrial areas at various places in the State of Andhra Pradesh and allot them to the needy entrepreneurs for the purpose of establishing industries.
xx xx xx You should implement the project envisaged within two years of taking possession of the land plot shed.
The appellant Corporation, feeling aggrieved by the said judgment, preferred writ appeals before the Division Bench, which have also been Civil Appeal No.
2 and 3 are its office bearers.
Vide letter dated January 20, 2006, the appellant Corporation approved the building plans, in pursuance whereof the respondents companymenced companystruction.
K.SIKRI, J. Appellant No.1, Andhra Pradesh Industrial Infrastructure Corporation Limited, is a public sector undertaking incorporated under the Companies Act, 1956.
