M/S. PIAGGIO VEHICLES PVT. LTD. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard.

(2.) This appeal is preferred by the appellant, M/s. Piaggio Vehicles Pvt. Ltd. [Formerly known as M/s. Piaggio (India) Pvt. Ltd. Hereinafter, referred to as "appellant- company".], for assailing the judgment and order dtd. 15/10/2009 passed by the Division Bench of the Allahabad High Court [Hereinafter, referred to as "High Court".] in Civil Miscellaneous Writ Petition No.47482 of 2008 whereby, the aforesaid petition under Article 226 of the Constitution of India preferred by the appellant-company was dismissed, thereby affirming the order dtd. 25/8/2008 passed by the Joint Managing Director of the Uttar Pradesh State Industrial Development Corporation (now Uttar Pradesh State Industrial Development Authority) [3].

(3.) By order dtd. 25/8/2008, UPSIDA forfeited the lease of Plot No. A-1, Site-B, admeasuring 33 acres at Surajpur Industrial Area, District Gautam Budh Nagar, Uttar Pradesh which had been granted under lease deeds dtd. 19/3/2002 and 10/7/2007. The former lease deed was executed in favour of M/s. Piaggio India (P) Ltd., while the latter was executed in the name of the amalgamated entity, M/s. Piaggio Vehicles Pvt. Ltd. i.e., the appellant-company. The forfeiture was on account of breach of terms and conditions stipulated under sub-clauses (e) and (o) of Clause 3 read with Clause 5 of the lease deed i.e., for failing to complete construction of the factory building within the stipulated period or the extended time permitted thereunder. By the very same order, UPSIDA also notified its intent to re-enter the plot and to forfeit the premium paid by the appellant-company.