'Failure To Develop Allotted Land Bars Equitable Relief', Supreme Court Upholds Cancellation Of Lease In Piaggio's Favor

The Supreme Court of India on Monday (April 6) upheld the forfeiture of a lease granted to Piaggio Vehicles Pvt. Ltd., observing that the company failed to undertake construction or develop the industrial plot within the stipulated time, and was therefore not entitled to any equitable relief. “…there is no escape from the conclusion that, right from the date of the grant of lease…the appellant company failed to demonstrate any convincing effort or bona fide intent to establish a full-scale industrial manufacturing unit on the plot in question.”, observed a bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria, stressing that non-adherence to the terms of the lease deed do not warrants equitable relief to the company. “…delaying development of the industrial plot by almost six to seven years, as against the mandatory period of six months prescribed under the lease deed, would equally disentitle it to discretionary relief.”, the court observed. The land measuring 33 acres in the Surajpur Industrial Area of Gautam Budh Nagar was originally allotted in 1985 and later transferred to Piaggio's predecessor. A formal lease deed was executed in March 2002, requiring the company to begin utilising the land within six months. However, despite taking possession in April 2002, Piaggio did not undertake any substantial development. The Court noted that only about 7.68% of the land had existing structures, which predated the company's acquisition. No new construction or approved layout plan was submitted by the company for several years. The Uttar Pradesh State Industrial Development Authority (UPSIDA) issued a notice in 2007 pointing out violations of the lease conditions. In response, the company cited internal constraints and sought an extension, admitting it had shifted focus to another facility in Maharashtra. Against the cancellation of the lease deed, the company moved to the High Court, which refused to interfere with the cancellation, prompting the company to appeal to the Supreme Court. Dismissing the Appeal, the judgment authored by Justice Mehta faulted the company's lethargic attitude for failing to indicate any meaningful activity taken by it to show that the subject land was put to use for an industrial development. “…the appellant company did not indicate that any meaningful industrial activity, including the so called testing activities, had ever been undertaken on the subject plot during the preceding six years.”, the court said. “…the lackadaisical conduct of the appellant-company in failing to adhere to the terms and conditions of the lease deed, and thereby delaying development of the industrial plot by almost six to seven years, as against the mandatory period of six months prescribed under the lease deed, would equally disentitle it to discretionary relief. Equities cannot work in favour of the litigants whose conduct is callous, laconic and in clear violation of the applicable rules and regulations.”, the court added. Resultantly, the appeal was dismissed. “The appellant-company shall forthwith and not later than a period of thirty days from today handover the vacant and peaceful possession of the subject plot to UPSIDA, which would be at liberty to deal with the plot as per law. The amount of Rs.10,95,52,825/- (Rupees Ten Crore Ninety Five Lakh Fifty Two Thousand Eight Hundred Twenty Five Only), deposited by the appellant–company in this Court, shall be refunded to the appellant–company, along with the accrued interest thereon.”, the court ordered. Cause Title: M/S. PIAGGIO VEHICLES PVT. LTD. VERSUS STATE OF U.P. & ORS.Citation : 2026 LiveLaw (SC) 332Click here to download judgmentAppearances: For Appellant(s) : Mr. Amar Dave, Sr. Adv. Mr. Rajesh Bhardwaj, Adv. Mr. Ajay Tejpal, Adv. Mr. Diwaker Goel, Adv. Ms. Ritika Datta, Adv. Ms. Suman Kukrety, AOR For Respondent(s) :Mr. Atmaram N S Nadkarni, Sr. Adv. Ms. Ruchira Gupta, Adv. Mr. Salvador Santosh Rebello, AOR Mr. Apoorv Srivastava, Adv. Ms. Pooja Tripathi, Adv. Mr. Areen Gulati, Adv. Mr. Mohtisham Ali, Adv. Ms. Manisha Gupta, Adv. Ms. Deepti Arya, Adv. Ms. Arzu Paul, Adv. Ms. Himanshi Nagpal, Adv. Ms. Moulishree Pathak, Adv. Mr. Gyanendra Singh Yadav, Adv. Mr. Shashank Shekhar Singh, AOR

'Failure To Develop Allotted Land Bars Equitable Relief', Supreme Court Upholds Cancellation Of Lease In Piaggio's Favor

Yash Mittal

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