High CourtsSingle Bench(2024) 09 UK CK 0116

Delhi Apartments Private Limited vs State Industrial Development Corporation Limited & Another

Uttarakhand High Court · Decided on 27 September 2024

HON’BLE JUDGES
Pankaj Purohit, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2572 Of 2024

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Judgment

10 paragraphs · 280 words

Pankaj Purohit, J

1 Heard learned counsel for the parties.

2.

By means of this writ petition, petitioner has challenged the order dated 22.08.2024, whereby the lease deed of the petitioner has been cancelled by respondent no.2.

3.

It is contended by learned counsel for the petitioner that petitioner was granted a lease for five plots in Sector 5A, Plot nos.1, 2, 3, 4 & 5 of IIE SIDCUL, Haridwar by respondent no.1, for the purpose of construction of the residential as well commercial buildings. He further contended that petitioner has completed construction on the plot Nos.1, 2, 3 & 4, but the petitioner could not complete the construction on the plot no.5, which was leased out to him. Perhaps for the reason that the utilization could not have been done, respondent cancelled the said lease deed vide impugned order dated 22.08.2024.

4.

The main argument which has been advanced by learned counsel for the petitioner is that before cancellation no opportunity of hearing was given to the petitioner.

5.

On 23.09.2024, learned counsel for the respondents was directed to seek instructions in the matter as to whether any opportunity of hearing is given to the petitioner before cancellation of the lease deed or not.

6.

Today, on instructions, learned counsel for the respondents submits that no show cause notice was issued to the petitioner before cancellation of the lease for plot no.5.

7.

Accordingly, the impugned order dated 22.08.2024 is hereby quashed. Respondents are directed to proceed further with the matter after giving proper opportunity of hearing to the petitioner.

8.

With the aforesaid direction, the writ petition stands disposed of.

9.

Pending application, if any, stands disposed of.