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
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
