WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION Ltd (A Government of West Bengal Undertaking) NOTICE Whereas land measuring 1469.593 sq.m in plot No.DH-6/22 premises No.01-0364 in New Town, Kolkata was allotted to M/s Data Bazar India Pvt Ltd having registered address at Infinity Benchmark Building, 15th Floor, Plot No.GI, Block EP & GP, Sector - V, Salt Lake, Kolkata -700091 by WBHIDCO LTD. And whereas the said allottee failed to comply with the terms and conditions of the offer of allotment of the said land regarding the time limit for starting and completion of the project ; And whereas for the said default penalty as per terms of allotment and as decided by the Board of WBHIDCO Ltd was imposed upon the said allottee for payment within such dates as mentioned in the concerned demand letter. And whereas the said allottee is in arrear for payment of the penalty amounting to Rs.21,96,944/- (Rupees twenty one lakhs ninety six thousand nine hundred forty four) only ; And whereas a legal notice of demand dated 19.01.2016 for payment of the said penalty was served upon the allottee by M/s Fox & Mondal, Advocates & Soilicitors for and on behalf of WBHIDCO calling upon you to pay the said amount as penalty to WBHIDCO Ltd; And whereas the said allottee has neither paid the said amount nor replied to such notice ; Now, therefore, the said M/s Data Bazar India Pvt Ltd is hereby informed through this notice to contact office of the General Manager (Commercial), WBHIDCO Ltd at HIDCO BHABAN, New Town, Kolkata -700156 on any working day between office hours for payment of the arrear penalty as stated above within 15 days of publication of this notice. Details are available in the website of WBHIDCO ( www.wbhidcoltd.com No. C- 469/HIDCO/Admn-753(48)/2005/DH-6/22 dated : 18.07.2016 By order of the Competent Authority
lox & Mandal DVOCATES & SOLICITORS MANDAL A. K. MANDAL K. DHAR S. MANDAL DEBANJAN MANDAL Ref. No. D/DM/SD/ 5 7 3 Databazaar India Private Limited, Infinity Benchmark Building, 15th Floor, Plot No. G-1, Block - EP & GP, Sector - V 1st Floor, Kolkata - 700 091. 12 OLD POST OFFICE STREET KOLKATA - 700 001 PHONES : 2248 8970/4843/8565/8486 FACSIMILE : 91 33 2248 0832 E-mail : calcutta@foxrnandalcom /2016 19th January, 2016 Dear Sirs, Sub. : Plot No. DH-6/22, Premises No. 01-0364, New Town, Kolkata. allotted by WBHIDCO Ltd. for IT/ITeS purposes in favour of M/s Databazaar India Pvt. Ltd., Ref. : Imposition of penalty for violation of the terms and conditions regarding the schedule for starting and completion of the project on the allotted plot of land. We have been instructed on behalf of the West Bengal Housing Infrastructure Development Corporation Limited (for short "WBHIDCO Ltd.") to address you under the following circumstances:- 2. It appears from records that by our client's letter No.2518(48)/HIDCO/Admn-752/2005 bearing date of 6th July, 2005, an offer of allotment of a plot of land measuring 0.363 acres being Plot No. 6/22 in Action Area ID, New Town, Kolkata (for short the "said plot"), M/s Databazaar India Pvt. Ltd. was made to you, at a concessional price, as a grant, in public interest on recommendation of Information Technology Department, Government of West Bengal for construction of a building exclusively and wholly for carrying on business as a service provider of Information Technology (IT) and Information Technology enabled Services (ITeS. The offer of allotment was at a price of Rs. 54,90,375/- @ Rs. 2,50,000/- per cottah. The said offer of allotment ultimately culminated in a Deed of Conveyance dated 6th June, 2007 being executed in your favour and possession of the said plot being handed over to you on 12th October, 2007. 6, Church Lane, Kolkata - 700 001, Tel. : 4005 6000, Fax : 91 33 4005 6016 NEW DELH1.i FOX MANDAL & CO. Tel : 91 120 3919555, 4305555 Fax : 91 120 2542222, E-mail wdelhiefoxmandalcom BHUBANESWAR : Tel : 91 674 230 3327, Fax : 91 674 230 3329, E-mail : bhubaneswar@foxmandal.com CHANDIGARH : Tel : 2740200, Fax : 91 72 2749344, E-mail : chandigarh@foxmandal.com BANGALORE : FOX MANDAL & ASSOCIATES Tel : 2559 5911, Fax : 91 80 2559 5844, E-mail : bangalore@foxmandal.com HYDERABAD : Tel : 2354 0218, 2354 8977, Fax : 91 40 2354 0219, E-mail : hyderabad@foxmandal.com CHENNAI : Tel : 2498 8040, 2499 0395, Fax : 91 44 2498 6691, E-mail : chennai@foxmandal.com MUMBAI : FOX MANDAL & PARTNERS Tel : 5633 3636, Fax : 91 22 5633 3700, E-mail : mumbaiefoxmandal.com
Fox & Mandal 2 3. One of the conditions of such allotment was that you would submit building plan for sanction within 3 months of handing over possession of the said plot to you and complete building, construction and development of the said plot within 24 months from the date of such approval, failing which time frame you would be liable to pay penalty as may be decided by the Board of Directors of WBHIDCO vide para (viii) of the said offer letter of allotment dated 6th July, 2005. 4. Upon your agreeing to observe, perform, fulfill and discharge all your respective responsibilities and covenants contained in the said Deed of Conveyance, otir client agreed to grant transfer of such land in your favour at a concessional rate, much lower than the prevailing market rate, in public interest. From the conveyance deed it would be evident that you had acquired a. limited right in the said plot and WBHIDCO had not transferred the said property absolutely to you, but had transferred it to you for setting up buildings on the plot and using them exclusively for the purpose of Information Technology (IT) and Information Technology enabled Services (ITeS) purpose after complying with all formalities for allotment of such land by WBHIDCO and within the time specified therein. 5. It appears that on 26th November, 2012 you obtained sanction of plan for construction of the building on the said plot from NKDA. Even thereafter you did not commence construction of work, when the site was visited by the WBHIDCO authority in the month of August, 2015. Though you kept on confirming since 1st March, 2013, that you would complete the project without interruption at the earliest, it is placed on record here that even after three years from the date of sanction of building plan, you have not even started any construction on the allotted plot of land, willfully and negligently. 6. In the circumstances, in terms of the decision of the Board of Directors of WBHIDCO at its 78th meeting held on 14th December, 2013 for imposition of penalty on a yearly basis in the event construction/completion after starting of construction/commission of the project is not over in completeness within a period of 5 years of taking possession, our client informed you by
Fox tit Mandal 3 their notice dated 27th January, 2014 that penalty is liable to be paid by you for violation of the mandatory terms of allotment in respect of implementation of the project from the said plot. This was followed by our client's demand notice dated 6th May, 2014 and another demand notice dated 13th October, 2015, where our client informed you that you have made yourself liable for payment of penalty @ Rs. 5,49,236/- per year with effect from 12th October, 2012. You have not paid this amount or any part thereof. 7. Kindly note that the Government of West Bengal acquired the land forming the New Town, Kolkata and transferred the same to our client for the purpose of developing infrastructure services therein and for the purposes of plotting such land and transferring the same to third parties, in order to develop New Town as a major hub for residential, industrial and institutional purposes. WBHIDCO as such for the purpose of development of New Town, Kolkata, as an agency of the State with no commercial motive. 8. As a matter of fact with the objective of creating New Town, Kolkata, the Housing Department of the Government of West Bengal decided to acquire land for the purpose of development of a new township. Initially, it was decided that the fund for acquisition of the land would be provided by the West Bengal Housing Board. After incorporation of WBHIDCO, the fund for the land acquisition was provided by it. On acquisition of the land, the land was handed over to WBHIDCO in a phased manner through various Government Notifications. 9. It is an express term of the letter of allotment and by lawful implication, an express term of the deed of conveyance also, that you would put to use the said plot within the period mentioned in the letter of allotment, namely within the period of 24 months from the date of approval of plan. 10. Possession of the said plot was handed over on 12th October, 2007 and even after more than 8 years after such handing over of possession, you have not started construction on the said plot. The plan as aforesaid was sanctioned on 26th November, 2012 and even after more than 36 months after such sanction, you have not yet started construction on the said plot. It is evident
Fox & Mandal 4 that you do not have any requirement for such plot of land for the use as allotted and that the same has been obtained by you for unauthorized gains. This is in total violation of the terms of allotment and against public interest. By your such acts and conduct, the said plot is liable to be resumed, and the deed of conveyance would become voidable as a result of fraud and misrepresentation perpetrated by you upon our client. 11. In the meantime, we call upon you to pay to our client within 7 days from the date of receipt of this letter the penalty of Rs. Rs.5,49,236/- per year from 12th October, 2012 together with interest @ 15% from the due dates of payment till payment in full, failing which our client reserves its rights to initiate proceedings for recovery of such sum. This is without prejudice to any other rights of our client in the matter. A Yours faithfully,