Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Goa (Rajiv Gandhi It Habitat-Cancellation And Abolition And Regulation Of Allotment Of Plots) Act, 2012 21 of 2012 [24 September 2012] CONTENTS 1. Short title and commencement 2. Definitions 3. Cancellation/Abolition of Allotments 4. Re-allotment of plots with Government approval 5. Overriding Effect 6. Protection of action taken in good faith 7. Power to remove doubts and difficulties SCHEDULE 1 :- SCHEDULE Goa (Rajiv Gandhi It Habitat-Cancellation And Abolition And Regulation Of Allotment Of Plots) Act, 2012 21 of 2012 [24 September 2012] PREAMBLE AN ACT to provide for cancellation/abolition of allotment of all plots in the Rajiv Gandhi IT Habitat in the State of Goa, as specified in the Schedule to this Act and for declaration of such allotments as null and void and nonest in the eyes of law and to provide for refund of amounts paid by the allottees along with interest; with a view to regulate the Information Technology Habitat Centre and for the development of Information Technology Habitat, under the control of the Government of Goa; to provide for a new IT Habitat in the State of Goa and for matters connected and incidental thereto. Be it enacted by the Legislative Assembly of Goa in the Sixty-third Year of the Republic of India, as follows:-- 1. Short title and commencement :- (1) This Act may be called the Goa (Rajiv Gandhi IT Habitat- Cancellation/Abolition and Regulation of Allotment of Plots) Act, 2012. (2) It shall come into force at once. 2. Definitions :- In this Act, unless the context otherwise requires,-- (a) "allottee" or "allottees" means the persons, companies, corporations, partnership firms or any other entity, who has/have executed a Lease Deed with the Info Tech Corporation of Goa Limited or in whose favour an Allotment Order has been issued by the Info Tech Corporation of Goa Limited for allotment of plot/plots at the Rajiv Gandhi IT Habitat, Dona Paula, Goa, and shall include those persons, companies, etc., who have availed of the benefits of the Special Incentive Scheme for Plot Allottees of Rajiv Gandhi IT Habitat, Dona Paula, but shall not include those persons, companies etc., who have already surrendered their plots to the Info Tech Corporation of Goa Limited; (b) "Government" means the Government of Goa; (c) "Info Tech Corporation of Goa Limited" means the Info Tech Corporation of Goa Limited, a Government Company as defined under section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and incorporated under the provisions of the said Act; (d) "plot" means the sub-divided plot allotted by the Info Tech Corporation of Goa Limited to the Allottee either for setting up of Information Technology Software/Information Technology Enabled Service Industries or establishment of supporting facilities, like, residential buildings, restaurants, banks, malls, at the Rajiv Gandhi IT Habitat, Dona Paula, Goa. 3. Cancellation/Abolition of Allotments :- (1) From the date of commencement of this Act, the allotment of all and whatsoever plots made in favour of the allottees by the Info Tech Corporation of Goa Limited at the Rajiv Gandhi IT Habitat, Dona Paula, Goa, shall stand cancelled/abolished and the said plots shall be deemed to have been vested with the Info Tech Corporation of Goa Limited free from all claims, charges, encumbrances, liens, whatsoever, with immediate effect. (2) Every allotment of plots specified in the Schedule to this Act, on and from the commencement of this Act, shall be deemed to have been cancelled/abolished and shall, with effect from that date, be deemed to have been nullified and all grants and matters concerning the allotment including permissions, clearances, no objection certificates, building and development permissions, licences, approvals, etc., obtained by the allottees under any law for the time being in force shall also stand nullified. (3) Every allottee whose allotment of plot has been cancelled/abolished as specified in this section shall be given by the Info Tech Corporation of Goa Limited, an amount equal to the amount of premium/lease rent/license fee paid by the allottee along with simple interest at the rate of ten percent per annum. The Info Tech Corporation of Goa Limited shall, however, not be liable or responsible, in any manner, in respect of the loans, dues, etc., if any, incurred/obtained by the allottees for procuring allotment of the said plots or in connection with the plots allotted. (4) The Info Tech Corporation of Goa Limited shall, within a period of sixty days from the date of coming into force of this Act, refund t o the allottees specified in sub-section (3), the premium, lease rent, license fee, security deposit, if any, installments, if any, paid to the Info Tech Corporation of Goa Limited by the said allottees till the date of such cancellation/abolition alongwith simple interest at the rate of ten percent per annum on the said amounts. (5) Save as provided hereinabove, no other amounts or compensation of whatsoever nature, shall be claimable by any allottee in respect of any financial or other loss, damage, hardship, etc., caused to such allottee on account of the cancellation/abolition of allotment of plots under this section. (6) Notwithstanding anything to the contrary contained in any other law for the time being in force, from the date of coming into force of this Act, all permissions, licenses, no objection certificates, clearances, approvals, etc., if any, obtained by an allottee from any statutory/Government authority/local authority for commencement of any works in respect of the said plots shall stand annulled forthwith and shall be of no effect. 4. Re-allotment of plots with Government approval :- ( 1 ) All re-allotment of plots shall be made by the Info Tech Corporation of Goa Limited only with the prior approval of the Government and such allotment shall be made only by inviting bids by advertisement to that effect in the newspaper or by any other known mode of disposal of Government property. (2) Notwithstanding anything contained in sub-section (1), the Info Tech Corporation of Goa Limited, may, at the request of the Government, allot any such plots to any Government Department, Government Corporation or Government company for their own use. (3) The Government may give such directions to the Info Tech Corporation of Goa Limited, as it deems fit. 5. Overriding Effect :- (1) The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any Act, Custom or Usage, Contract, Order, Judgment, Decree of any Court or Tribunal or any other authority. (2) Notwithstanding anything contained in any other law for the time being in force or any Judgment, Decree or Order or Injunction or Stay of any Court, Tribunal or any other Authority,-- (a) every such allotment shall stand cancelled/abolished and the plots specified in the Schedule to this Act, shall hereby stand vested with the Info Tech Corporation of Goa Limited in terms of this Act; (b) no suit or other legal proceedings shall be instituted, maintained or continued in any Court or Tribunal or any other authority against the Government or any person or authority whatsoever and all pending suits, applications, etc., filed under any local or special law shall stand abated forthwith. (c) no Court shall enforce any Decree or Order or Injunction or Stay on any ground whatsoever. 6. Protection of action taken in good faith :- No suit, prosecution or other legal proceeding shall lie against any person or employee of the Info Tech Corporation of Goa Limited for anything which has been done in good faith or intended to be done under this Act. 7. Power to remove doubts and difficulties :- If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions consistent with the provisions of this Act, as appear to it to be necessary or expedient for the removal of the doubt or difficulty; and the order of the Government in such cases shall be final: Provided that no such order shall be made after the expiration of two years from the commencement of this Act. SCHEDULE 1 SCHEDULE .style1 {font-family: Verdana} --> SCHEDULE List of Allottees and Allotment of plots Plot No. Name of the Firm Plot area in sq. mts. Category Remarks 1 2 3 4 5 P1 M/s. Devashri Real Estate Developers 710, 7th Floor, Dempo Towers, Patto Plaza, Panaji, Goa 7,267.76 2nd Category Lease deed executed on 07-06- 2007. P2 M/s. CNS Infotech Private Limited 707, Vikas Deep Bldg., Dist. Center Laxmi Nagar, Vikas Marg, Delhi 7,547.78, 1st Category For BPO-- voice & non-voice Lease deed executed on 02-05- 2007. P3 M/s. Pulkit Construction Pvt. Ltd. D-22, Defence Colony, New Delhi - 110024 7,308.42 2nd Category Lease deed executed on 28-01- 2008. P4 M/s. Goa Tech Parks Pvt. Ltd. K.K. Tower, Parel Tank Road, G.D. Ambedkar Marg, Parel, Mumbai 400012 40,000.98 2nd Category Lease deed executed on 27-03- 2007. P5 M/s. Milcon Developers Pvt. Ltd. D-25, Ansal Villa Farm, Satbari, Mehrauli, New Delhi- 110030 13,412.76 2nd Category Lease deed executed on 05-10- 2007. P6 M/s. D.S. 6,953.77 2nd Lease P6 M/s. D.S. Contractors Pvt. Ltd. UGF-003, Brindavan Apartments, Near Agriculture Office, Tonca, Caranzalem- Goa 6,953.77 2nd Category Lease deed executed on 10-12- 2007. P7 M/s. Lotus Tech- nobuild Pvt. Ltd. (Emaar MGF Consortium) 109, New Delhi House, 27, Barakhamba Road, New Delhi- 110001 9,127.44 2nd Category Lease deed executed on 30-04- 2007. P8 M/s. Lotus Technobuild Pvt. Ltd. 109, New Delhi House, 27, Barakhamba Road, New Delhi-110001 15,655.25 2nd Category Lease deed executed on 30-04- 2007. P9 M/s. Pawa Infrastructure Pvt. Ltd. Pawha House, J-66, NDSE, Part I, New Delhi 40,558.73 2nd Category Lease deed executed on 06-01- 2008. P10 Vacant Plot 5,684.98 -- -- P11 Vacant Plot 5,176.20 -- -- P12 M/s. Financial Technologies (I) Limited FT Tower, CTS No. : 256 & 257, Suren Road, Chakala, Andheri (East), Mumbai - 400093 8,501.83 1st Category For IT Services Lease deed executed on 01-03- 2007. P13 M/s. Financial Technologies (I) Ltd. FT Tower, CTS No. : 256 & 257, Suren Road, Chakala, Andheri (East), Mumbai- 400093 5,816.55 1st Category For IT Services Lease deed executed on 01-03- 2007. P14 M/s. Milcon Developers Pvt. Ltd. D-25, Ansal Villa Farm, Satbari, Mehrauli, New Delhi - 110030 5,976.04 2nd Category Lease deed executed on 05-10- 2007 11- 12-2007. P15 M/s. Steel Plant Pvt. 8,509.93 2nd Lease Ltd. Sona Mohar, Behind Municipal Market, Off. Nehru Road, Vakola, Santacruz, Mumbai Category deed executed on 11-12- 2007. P16 M/s. M. Venkata Rao Infra Projects Pvt. Ltd., 1-1-39/BBC, MVR Plaza, C.B.M. Compound, Vishakapatnam 8,108.83 2nd Category Lease deed executed on 04-07- 2007. P17 M/s. Surana Telecom Ltd., 2nd Floor, Surya Towers, S.P. Road, Secunderabad 4,096.03 1st Category IT Software/ /ITES Lease deed executed on 04-04- 2007. P18 M/s. Ampersand Digimedia & Entertainment Limited, 313, Navneelam Society, R.L., Thadani Marg, Worli - Mumbai - 22 4,053.27 1st Category IT Software/ /multimedia Lease deed not executed. ________ Total 203,756.55 P1 M/s. Technology Innovations 10,592.18 IT Habitat Building Lease deed is executed. P2 M/s. JMD Limited 20,637.27 Mall Lease deed is executed. P3 M/s. Jai Bhuvan Builders Pvt. Ltd. 23,681.98 Residential Apartments Lease deed is executed. P4 M/s. C. Mendonsa 10,001.13 Club House & Service Apartments Lease deed is executed. 64,912.56