Raj State Industrial Developme vs M/S Dcm Limited And Ors on 14 May, 2020
11. Mr. Ajeet Bhandari, learned Senior Counsel appearing on
behalf of the RIICO reiterating the contentions raised before the
learned Single Judge, submitted that Rule 12 of the Rules of 1959
consists of two parts; the first thereof empowers the RIICO to
make allotment of vacant plots in the industrial area transferred to
it, in accordance with the Rules of 1979 whereas, the second part
authorises RIICO to execute lease deeds, realise development
charges, lease rent and other dues from the entrepreneurs to
whom plots had already been allotted in accordance with the
provisions of Rules of 1959 and thus, the conclusion arrived at by
the learned Single Judge ignoring this aspect of the matter, is ex
facie erroneous. Learned counsel submitted that second part of
Rule 12, in no manner relates to the plots allotted by the RIICO in
the industrial area in accordance with Rules of 1979. Learned
counsel submitted that under Rule 9A of the Rules of 1979, the
RIICO is empowered to extend the period of lease of the plots
allotted in the industrial area subject to payment of economic
rent, service charges and other dues and furnishing an
undertaking on a non judicial stamp paper that the lessee shall
abide by the Rules of 1979. Drawing the attention of the Court to
Rule 15A of the Rules of 1979, learned counsel submitted that the
service charges as imposed are payable by the allottees in
addition to the economic rent, which would be applicable also to
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the entrepreneurs, who were allotted the plots in the industrial
area under the Rules of 1959, which now stands transferred to
RIICO and thus, the demand created by the RIICO in conformity
with the provisions of Rule 12 read with Rule 9A and Rule 15A was
absolutely justified. Learned counsel submitted that as per Rule
1(c), the Rules of 1979 are applicable to all the lands transferred
to or placed at the disposal of the RIICO by the State Government
and the lands purchased or acquired or otherwise held by RIICO
and therefore, the petitioner-Company, cannot be permitted to
contend that the lands held by it which admittedly fall within the
industrial area transferred to RIICO by the State Government, are
not governed by the Rules of 1979. Learned counsel submitted
that as laid down by the learned Single Judge of this Court in M/s
Kota Steel Rerolling Mills Pvt. Ltd., Kota vs. State of Rajasthan &
Ors.: WLN 1996 (2) 493, the RIICO is authorised to realise service
charges and other dues even in respect of the plots already
allotted under the Rules of 1959 and its application cannot be
confined only to the plots allotted after coming into force of the
Rule 12 of the Rules of 1959 and therefore, the intra court appeal
deserves to be allowed.