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).