| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Rajasthan State Industrial Contract |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| 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). |
| Judge | Hon'ble Dr. Justice B.S. Chauhan |
| Neutral Citation | 2013 INSC 93 |
| Petitioner | The Rajasthan State Industrial Development And Investment Corporation & Anr. |
| Respondent | Diamond And Gem Development Corporation Ltd. & Anr. |
| SCR | [2013] 4 S.C.R. 331 |
| Judgement Date | 2013-02-12 |
| Case Number | 7252-7253 |
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