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THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION & ANR. vs. DIAMOND AND GEM DEVELOPMENT CORPORATION LTD. & ANR.

SCR Citation: [2013] 4 S.C.R. 331
Year/Volume: 2013/ Volume 4
Date of Judgment: 12 February 2013
Petitioner: THE RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION & ANR.
Disposal Nature: Appeals Allowed
Neutral Citation: 2013 INSC 93
Judgment Delivered by: Hon'ble Dr. Justice B.S. Chauhan
Respondent: DIAMOND AND GEM DEVELOPMENT CORPORATION LTD. & ANR.
Case Type: CIVIL APPEAL /7252-7253/2003
Order/Judgment: Judgment
1. Headnote

Rajasthan State Industrial & Investment Corporation Limited (Disposal of Land) Rules, 1979 - r.24 - Land notified for public purpose - Possession of land taken over by the State Government and handed over to appellant-RIICO - Appellant allotted the land to respondent-company, to facilitate establishment of an Industrial Estate - Lease deed executed between appellant and respondent-company - - Respondent-company asked the appellant to provide it accessibility via an approach road and, as the same was not provided, it filed writ petition seeking such approach/access road - Meanwhile, on ground of non-completion of project within stipulated period, the appellant cancelled the lease deed and took back possession of the land - Same challenged by respondent-company by filing another writ petition - High Court allowed both the writ petitions - On appeal, held: The allotment was made on "as-is- where-is" basis which was accepted by respondent-company without any protest - Terms of the lease deed made it clear that no obligation was placed upon the appellant to provide to the respondent the access road - As per the lease deed, the entire project was to be completed within five years, but construction was made just on a fraction of the entire land - The lease deed also contemplated that, the lessee will not transfer nor sub-let nor relinquish rights without prior permission from the appellant - However, respondent-company had negotiated with a third party for development of the land - Cancellation of allotment was made by appellant in exercise of its power under Rule 24 of the 1979 Rules read with the terms of the lease agreement - Respondent- company did not resort to any of the statutory remedies, rather preferred a writ petition which could not have been entertained by the High Court - High Court erred in treating the whole case to be governed only under the 1959 Rules, and in holding that the 1979 Rules had no application at all - It further misinterpreted the amendment to Rule 11-A of the 1959 Rules and decided the case on speculative and hypothetical reasons - Order of cancellation of allotment in favour of respondent-company accordingly restored - Rajasthan Land Revenue (Industrial area allotment) Rules, 1959 - r.11-A - Rajasthan Land Acquisition Act, 1953 - ss. 4 and 6.

Contract - Terms and conditions - Interpretation - Held: The contract is to be interpreted giving the actual meaning to the words contained in the contract -It is not permissible for the court to make a new contract, however reasonable, if the parties have not made it themselves.

Constitution of India, 1950 - Article 226 - Contractual disputes and writ jurisdiction - Held: Generally the court should not exercise its writ jurisdiction to enforce contractual obligation.

Doctrines / Principles - Doctrine of estoppel by election - Basis of - Equity. Words and Phrases - "as-is-where-is" - Meaning of.Words and Phrases - "as if' - Meaning of - Rajasthan Land Revenue (Industrial area allotment) Rules, 1959- r.11A (as amended). Words and Phrases - "mutatis mutandis" - Meaning of Rajasthan Land Revenue (Industrial area allotment) Rules, 1959 - r.11A (as amended).

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Rajasthan State Industrial
  • Contract
5. Equivalent citation
    Citation(s) 2013 AIR 1241 = 2013 (5) SCC 470 = 2013 (5) Suppl. SCC 470 = 2013 (3) JT 409 = 2013 (3) Suppl. JT 409 = 2013 (2) SCALE 452