TMI Blog2021 (4) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... against the successful bidder if any tax is payable after liquidation process is closed, because this applicant has not raised its claim before sale process. The Honourable NCLAT also factually observed that the agriculture land falling into high potential zone is not permitted to allow industrial units to come up. It has further held that the land was sold on as is where is basis. Besides this, Honourable NCLAT has held that no final agreement was entered into for conversion. On the observations above, when the Honourable NCLAT dismissed the Appeal by upholding the order of this Bench stating that the land is agriculture in character, then the appellant before NCLAT approached Honourable Supreme Court, there also it was held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g directions against the Liquidator to accept the claim of MCF in accordance with law and to conduct fresh valuation in terms of Regulation 35(2) of IBBI Liquidation Regulations 2016 by appointing a valuer for ascertaining the value of the land of the corporate debtor (CD) being industrial in nature. 2. As per the application averments, the CD or erstwhile persons had applied for change of land use (CLU) from agriculture to industrial way back in the year 1978, in pursuance thereof, the applicant on 16.12.2002 issued demand notice to the CD for payment of ₹ 1,21,80,505 towards External Development Charges (EDC) for conversion of nature of the land from agricultural to industrial. The applicant says this demand was reflected in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h valuation of the land? However for the sake of completeness, we will peruse the historical facts and then adjudicate this application. 4. MCF says owing to lockdown, it has failed to raise demand against the corporate debtor but finally the applicant on 14.01.2021 raised demand against the CD to pay ₹ 23,96,30,131 towards EDC outstanding dues. The applicant further says that it has on 08.01.2021 reported to SHO, PS, SGM Nagar, Faridabad about missing of CLU case file from the applicant office. Above all this, the applicant, as per the directions given by the Honourable Supreme Court, has filed an affidavit in Civil Appeal 3103-3104 of 2020 filed by the promoter group on the order passed by Honourable NCLAT dismissing the appeal s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur kind attention is drawn towards this office memo No. FCA(T)-Supdt-78/7934 dated 18.12.1978 whereby the permission for change of land use for setting up of an industrial unit on your land measuring 70 kanal 14 marla bearing khasra No. 35/25, 36/21/1, 39/1, 2, 3, 4/1, 7/2, 8, 9, 10, 40/5, 6 in the revenue estate of village Sarai Khwaja, Faridabad situated at 12/6, Delhi Mathura Road, Faridabad was allowed in accordance with conditions with CLU-II agreement executed on 24.10.1978 as per requirement of Rule 26-D of the Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Rules, 1965. As per condition No. 1(a) of CLU-II agreement referred as above read with provisions under Clause X(1) of Final Development ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed demand from the company to pay ₹ 17,82,448 (Seventeen Lakh Eighty-Two Thousand Four Hundred Forty-Eight rupees) towards property tax, fire tax as outstanding dues. An affidavit to this effect was also filed by this Corporation in the Hon'ble Apex Court in the matter titled as Karan Gambhir etc. vs. Sajeve Bhushan Deora Ors. bearing Civil Appeal No. 3103-04 of 2020. In view of above you are hereby directed to pay the above mentioned external development charges amounting to ₹ 239630131 and property tax, fire tax amounting to ₹ 17,82,448 in this Corporation prior to sale of the property or within a period of 15 days whichever is earlier, enabling this department to issue a no dues certificate in favor of M/s. Forgi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holding that Sanjay Ghambir failed to place any material reflecting circle rate as mentioned by him. The Honourable NCLAT also factually observed that the agriculture land falling into high potential zone is not permitted to allow industrial units to come up. It has further held that the land was sold on as is where is basis. Besides this, Honourable NCLAT has held that no final agreement was entered into for conversion. On the observations above, when the Honourable NCLAT dismissed the Appeal by upholding the order of this Bench stating that the land is agriculture in character, then the appellant before NCLAT approached Honourable Supreme Court, there also it was held that the Supreme Court is not inclined to interfere with the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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