Robert Steel Tube Co. Ltd. had applied for allotment of 2500 acres of land on 30-6-1994 and in principle approval of allotment of 2500 acres of land was given on the terms and conditions laid down in the policy decision
CS Professional · Multidisciplinary Case Studies · PYQS · June 2019
Robert Steel Tube Co. Ltd. had applied for allotment of 2500 acres of land on 30-6-1994 and in principle approval of allotment of 2500 acres of land was given on the terms and conditions laid down in the policy decision of the State Government as revised on 25-1-1995 for the establishment of the steel plant. Robert Steel Tube Co. Ltd. deposited ₹1.25 crores with the Haryana Industrial Development Corporation Ltd. (Corp.) on 3-4-1995 and took possession of 1756.29 acres of land in the first phase in 1996. However, the company did not execute the lease deed with the Corporation. Ultimately, on 25-7-2003 on failure to get the lease deed executed, the land was resumed and possession letter of 1756.29 acres of land was cancelled by the Corporation. The amount of ₹1.25 crores deposited by the company was forfeited and adjusted towards compensation for use and occupation of the land and damages. Out of the resumed land, the Corporation allotted 934.31 acres of land to other units. Robert Steel Tube Co. Ltd. made unsuccessful representations to the Corporation for allotment. Thereafter, the company filed a writ petition before the High Court for allotment of the balance land of 821.98 acres to it. Will the company succeed in its petition against the Corporation? Give reasons in support of your answer.
Answer & Explanation:
The fact of the case is similar to the fact of 'Orissa Industrial Infrastructure Development Corporate vs. M/S MESCO Kalinga Steel Limited and Others' (With CA No. 2546/2017 (@ SLP (C) No. 23759/2007 and CA No.2547/2017 (@ SLP (C) No.2683/2008)). In this matter, the possession of land had been enjoyed by the company for around seven years without execution of the lease deed. No explanation has been placed on record for inaction on part of the company. In this regard, the company has also not been able to prove that they were not negligent even after the timely initiation by the authorities for the execution of the lease deed with the Corporation. The transfer had become void due to the company's own lapse and negligence. The company had forfeited the right to get the lease deed executed, as in the absence of execution of lease deed, the relationship of lessor and lessee never came into being under the legal perspectives. The company waited for years after taking possession. The company is statutory authority - and it can act on the basis of written lease deed. The execution of the lease deed is necessary and it is in the public interest to prevent unauthorized leasing out of property on its behalf. Lease is required to be executed in a presented format in the shape of formal development which is a sine qua non as per the law of the land. In the absence thereof, it would not be permissible to hold the relationship of lessor and the lessee. The corporation is a statutory body and can act only in the mode prescribed. Further, one has to be aware of the fact that 'ignorantia legis neminem excusat', means Ignorance of Law is no excuse. In this paradigm, the company should be aware of the legal procedure post the allotment of the land and should be ready to accept the consequences for ignoring the required process of the law to be observed by them. The conduct of the company was not in line with the compliances and responsibilities required to be adhered under law, as it remained negligent in executing the lease deed. There was no contract which could have been enforced and it became void due to inaction of the company itself. The conduct of the company had no justification at any point of time not to execute the lease deed. Henceforth, there is no equitable or legal consideration in favor of the company, wherein they could succeed in its petition against the Corporation. Therefore, the company will not succeed in its petition against the Corporation.
Topics: Land Laws
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