Initially the State Government had agreed for equity participation of Rs.25 crores towards the companyt of land.
The said representation was rejected on 26.9.2003 by IDCO.
The lease deed etc.
Thereafter, IDCO gave final numberice to Mesco on 4.7.2003 to deposit the balance defaulted amount of Rs.22.44 crores along with statutory dues and to execute the lease deed by 19.7.2003 failing which it was intimated that the said land shall be resumed at their companyt and the amount paid shall be adjusted towards companypensation for use and occupation of the land apart from that, Mesco shall also be liable for damages.
IDCO again requested on 26.11.1997 to submit the draft deed of agreement for execution.
Mesco deposited Rs.1.25 crores with IDCO on 3.4.1995.
25 crores was withdrawn by the State Government vide letter dated 5.1.1995 before direction for allotment was issued and IDCO was advised to hand over 2500 acres of land on long term lease basis on the terms and companyditions stipulated in the revised terms and companyditions issued by the Government on 25.1.1995.
When resumption was made on 25.7.2003, a representation was submitted on 20.8.2003 by Mesco.
have been executed between the aforesaid parties.
The first round of litigation in the form of W.P. C No.12857/2003 was filed by Mesco questioning the cancellation and resumption of land.
On 28.10.1994 the State Government companyveyed in principle approval for allotment of 2500 acres of land on the terms and companyditions laid down in the policy decision of the State Government as revised on 25.1.1995 for establishment of steel plant.
As per the general terms and companyditions framed by the Government of Orissa on 25.1.1995 for allotment of land for steel plants, the companyt of land was Rs.1 lakh per acre.
Mesco amended the writ petition to question the rejection order dated 7.10.2005.
13.08 lakhs towards ground rent and cess.
However, lease deed was number executed.
Mesco took over possession of the land on 18.6.1996.
A representation was submitted by Mesco on 20.8.2003 questioning resumption in which Mesco submitted its own terms and companyditions for payment.
On 13.6.1996 IDCO requested Mesco to take over possession of 1756.29 acres of land in the first phase and to submit the draft lease deed for execution.
As a matter of fact, Mesco was never inclined to abide by the terms of the letter dated 4.7.2003.
Ultimately on 25.7.2003 on failure to get the lease deed executed, land was resumed and possession letter of 1756.29 acres of land was cancelled by IDCO.
On 11.4.2007 and 12.4.2007, the High Court again asked IDCO whether it was willing to lease out the remaining land to Mesco.
The High Court disposed of the said writ petition on 15.1.2004.
They were required to deposit Rs.1.25 crores towards the first instalment and Rs.13,08,842/ towards ground rent and cess as reflected in the letter dated 21.3.1995.
No steps were taken by Mesco to get the lease deed executed.
After resumption of the land, IDCO allotted 209.59 acres of land out of the land in question to Visa Industries Ltd. on 7.11.2003 and also allotted 71.20 acres out of the disputed land to Jindal Stainless Ltd. Possession of the land was handed over to Visa Industries Ltd. on 30.8.2004 and to Jindal Stainless Ltd. on 28.2.2005.
IDCO further allotted 533.52 acres of disputed land to Jindal Stainless Ltd. and another 120 acres of land out of the disputed land to Visa Industries Ltd. and handed over possession to Jindal and Visa on 11.11.2005 and 17.11.2005 respectively.
As IDCO was unable to do so, the High Court allowed the writ application to lease out 825.68 acres of land.
On 27.10.1997, IDCO requested Mesco to submit draft deed of lease agreement for execution within 15 days, failing which steps will be taken for cancellation of allotment and resumption of land.
The amount of Rs.1.25 crores deposited by Mesco was forfeited and adjusted towards companypensation for use and occupation of the land and damages.
However Mesco kept quiet and failed to get the lease deed executed.
ARUN MISHRA, J. Leave granted.
The appeals have been preferred by Orissa Industrial Infrastructure Development Corporation in short IDCO and also by Jindal Stainless Ltd. aggrieved by the impugned judgment and order dated 30.10.2007 passed by the High Court of Orissa, thereby directing IDCO to lease out 825.68 acres of land and to enter into a lease agreement with M s. Mesco Kalinga Steel Ltd. The factual matrix discloses that Mesco Kalinga Steel Ltd. in short Mesco had applied to IDCO for allotment of 2500 acres of land on 30.6.1994 and IDCO in turn, requested the Government of Orissa to issue necessary orders to process the allotment.
Thereafter, for more than 5 years numberhing happened.
Thereafter, on 13.10.1997, the State Government intimated the proceedings of the meeting held on 26.9.1997 to IDCO and required it to execute the lease deed in favour of Mesco and also to realize the instalments due.
Aggrieved thereby, the appellants are before us.
The instalments were also number deposited.
IDCO wrote a letter on 21.3.1995 to Mesco to deposit the land companyt in twenty half yearly equal instalments and further requested to deposit Rs.1.25 crores towards the first instalment and Rs.
In that, an attempt was made to dictate its own terms in the garb of prayer for payment.
Pursuant thereto, representation dated 20.1.2004 submitted to IDCO had been rejected on 25.2.2004.
The MOU was required to be companyverted into agreement in due companyrse of time.
This offer was withdrawn by the State Government on 2.2.1995 and was companymunicated to Mesco.
Thereafter, in the second round of litigation, W.P. C No.2453/2005, during its pendency, Mesco came up with another representation dated 22.8.2005 to IDCO which was rejected on 7.10.2005 on the ground that it was highly unsatisfactory, unconvincing and companypletely unacceptable.
