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.
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.
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.
Thereafter, it seems that discussion took place between the appellant and the respondent regarding the allotment of one acre plot.
120/ per sq.
120/ per sq.
Soon after the despatch of the letter dated 5.11.1986, the appellant learnt that the aforesaid plot Nos.
374 375.
1 and 2 to the respondent.
On the said 15 having been deposited by the respondent, he was offered an industrial plot No.
The High Court by its judgment dated 14.11.1994 came to the companyclusion 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.
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.
It did number accept the companytention of the appellant herein that while accepting plot Nos.
meters each at Udyog Vihar, Phase IV at the tentative rate of Rs.
meters each total 2000 sq.
meters each, the respondent had given up his right for the remaining half acre of land.
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.
1 2 measuring 1000 sq.
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.
meters of land which had been allotted to him.
1 2 measuring 1000 sq.
120 60 per Sq.
The respondent was, accordingly, informed vide letter dated 10.11.1986 that the plot Nos.
120/ per sq.
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.
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.
meters in total.
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.
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.
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.
Thereafter, Review Application No.
359 measuring one acre in Udyog Vihar, Phase IV, Gurgaon at the tentative rate of Rs.
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.
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.
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.
1 2 measuring 2000 sq.
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.
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.
120/ per sq.
These pre requisites were to be companypleted within 120 days of the date of allotment.
The respondent then filed a Writ Petition No.
359 which had been allotted to the respondent was changed to two plots measuring half acres each and renumbered as plot Nos.
The respondent was requested to companyfirm the acceptance of an area of 2000 sq.
374 375 measuring one acre at the tentative rate of Rs.
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.
374 375 were number available and had been wrongly offered to the respondent.
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 companycept 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.
meter was proposed to be allotted to the respondent.
1 2 at Udyog Vihar, Phase IV, Gurgaon measuring 2000 sq.
According to the appellant, for administrative reasons the industrial plot No.
I hope to companyplete all the formalities very soon.
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.
meters for the proposed project and this acceptance was required to be given within 15 days of the issue of the said letter.
meter.
meter.
meter 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.
meter, the companyporation shall number be in a position to accede to any of your request for transfer of plot and that your are required to implement your project within one year from the date of issue of allotment letter.
meter as a special case.
The respondent was number only stopped 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 years thereafter.
In the companyrse of its activities, in 1983 it invited applications for allotment of certain plots of land to set up industrial units in Gurgaon.
You may please numbere that since the plot has been offered to you at the old rate of Rs.
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.
1 2 measuring 1000 sq.
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.
5123 of 1994 in the Punjab and Haryana High Court.
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.
41 1995 was filed by the appellant herein but the same was dismissed by judgment dated 9.8.1995.
meters is acceptable.
120/ per sq.
120 per sq.
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 of 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, accordingly, directed the appellant to allot the remaining half acre of plot within a specified period.
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.
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.
It was further stated in this letter that with this offer of half acre of plot at Rs.
On the receipt of the aforesaid letter, a final letter of allotment dated 6.7.1990 was issued to the respondent.
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 utilize the plots of land which had been handed over to him.
Vide letter dated 14.1.1989 the respondent companyveyed his acceptance of half acre plot and observed as follows However, I 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 it may be mentioned that I have deposited the required money for 1 acre plot.
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.
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.
I am in touch with the District Industries Center, Divisional Town Planner and Haryana Financial Corporation.
KIRPAL.J. Leave granted In this appeal, by special leave, there is challenge to two judgments of the Punjab Haryana High Court.
