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Friday, February 27, 2015

Allotment of plot - not constructing unit with in two years - Notice to pay fine at 3% for the delay - challenged - High court directed to execute sale deed with out fine - DB confirmed -Having regard to the facts and circumstances of the case, the Corporation and its officers are very generous in extending time in favour of the allottees for implementing the projects on the allotted plots and not invoking its right for cancellation and resuming the plot for non-compliance with the terms and conditions of allotment letter and agreement and re-allot the same in public auction in favour of eligible persons. - order for resume of the plot.=2015 SC msklawreports


  Allotment of plot - not constructing unit with in two years - Notice to pay fine at 3% for the delay - challenged - High court directed to execute sale deed with out fine - DB confirmed -
 Apex court held that we are of the view  that  the  Corporation  is
not diligent  in disposing  of  the  industrial  plots  acquired  by  it  in
accordance with law  in favour of the eligible applicants  keeping  in  view
after acquiring the land of the owners for the purpose  of  the  development
of industrial estate and allot the same in favour  of  eligible  persons  to
start industries on the allotted plots to  generate  employment  to  provide
employment to the unemployed youth in  the  State.   
Having  regard  to  the
facts and circumstances of the case, the Corporation and  its  officers  are
very generous in extending time in favour of the allottees for  implementing
the  projects  on  the  allotted  plots  and  not  invoking  its  right  for
cancellation and resuming the plot for non-compliance  with  the  terms  and
conditions of allotment letter and agreement and     re-allot  the  same  in
public auction in favour of eligible persons. 
Therefore, it is  a  fit  case
for this Court to give direction to  the  CoD  of  the  Telangana  State  to
conduct a detailed investigation in the matter against all the officers  who
are involved in the cases of allotment of plots and extending the period  in
favour of the  allottees  for  implementation  of  the  projects  for  which
purpose the plots are allotted and not cancelling  the  allotments  made  by
the Corporation and resumed the plots and dispose of the same in  accordance
with law by taking steps. 
The CoD, Police must investigate the cases in  the
Corporation and  take  suitable  action  in  this  regard  against  officers
involved in such cases.
 With the aforesaid observation and direction to the  State  Government  and
CoD, Police, the appeal is allowed, the impugned  judgments  and  orders  of
both the learned single Judge and the Division Bench of the High  Court  are
set  aside. = 2015 SC msklawreports

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