VidhiSangh

Supreme Court of India · 27/02/2023

AMAN SEMI-CONDUCTORS (PVT.) LTD versus HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. & ANR.

[2023] 3 S.C.R. 130 · 2023 INSC 172

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Summary

An allottee of an industrial plot in Udyog Vihar, Gurgaon took possession in December 1995 under an agreement requiring construction within six months and production within two years, but took no step towards setting up its unit; after three show-cause notices the Haryana State Industrial Development Corporation resumed the plot in September 1998. The District Forum and State Commission ordered restoration, but the National Commission on remand upheld the resumption. The Supreme Court dismissed the allottee's appeals: clause 6 of the agreement is a valid condition under Sections 31 and 32 of the Transfer of Property Act as held in Indu Kakkar, the allottee was evidently speculating on the plot, and Hari Om Enterprises is distinguishable; the Corporation was directed to refund Rs. 1,66,425 with six per cent interest from the date of resumption.

Issues

  1. Whether resumption of an industrial plot for failure to construct and commence production within the period stipulated in the allotment agreement was justified, and whether the allottee was denied a fair opportunity before resumption.

Provisions considered

Held

Result

Appeals dismissed without costs; National Consumer Disputes Redressal Commission orders dated 11.01.2007 and 07.11.2008 upholding resumption of Plot No. 182-M, Udyog Vihar Phase IV, Gurgaon affirmed; HSIDC directed to refund Rs. 1,66,425 with 6 per cent interest from 18.09.1998 within six weeks.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 130.