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

Uttarakhand High Court 27 Sep 2024 Writ Petition (M/S) No. 2572 Of 2024 (2024) 09 UK CK 0116
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (M/S) No. 2572 Of 2024

Hon'ble Bench

Pankaj Purohit, J

Advocates

Shobhit Saharia, Vipul Sharma

Final Decision

Disposed Of

Judgement Text

Translate:

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.

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