CANCELLATION	*24 ( 1 )	The Corporation shall have the right to cancel the allotment after issuing a 30 days registered A.D. show cause notice to the allottee by the concerned Sr. DGM / Senior Regional Manager / Regional Manager for breach of any of these rules, condition of allotment letter or terms of lease agreement. The powers of cancellation of plot shall also vest in Sr. DGM / Sr. RM / RM of the unit.
		In show cause notice the allottee should be asked to show cause why allotment of plot should not be cancelled, lease deed of the plot should not be terminated and plot should not be taken in possession, in view of the default committed by the allottee. In the show cause notice it should also be clarified that, the said default shall be condoned only on payment of interest/retention charges or removal of breach of terms and conditions / its regularisation. In case of no response or reply to the show cause notice without commitment for deposition of dues, for regularisation of delay / default or removal of breach of terms and conditions by the allottee, allotment of plot should be cancelled terminating the lease-deed of plot. In cancellation letter party shall be asked to handover possession of land within 7 days and take refundable amount from RIICO and it shall also be intimated that, in case of failure to handover the possession in time, the plot shall be deemed to have been taken into possession treating the allottee as unauthorised occupant on the land. For possession of non-vacant plot, the case shall be filed in the competent E.O. Court. After taking possession of non-vacant plots on orders of competent authority or deemed possession of vacant plot or possession being handed over by the party, cheque of refundable amount shall be sent to the party. Original receipt shall not be demanded from the party.
(Amended as per decision taken by IDC vide item 20 of the meeting held on 7.12.2000 and item 8 dated 27.12.2002.) 24 ( 2 ) REVIEW / APPEAL : The power of review and appeal shall be exercised as follows : ( a ) Review : Review against cancellation shall lie to the competent authority who has issued the cancellation orders. ( b ) Appeal : ( i ) In case of cancellation of plots upto 2 acres, the appeal shall lie to the Advisor (Infra). ( ii ) In case of cancellation of plots upto 5 acres ,the appeal shall lie to the Executive Director. ( iii ) The Managing Director of the corporation shall have the full powers in all cases. ( C ) Limitation for filling review / appeal shall be one month from the date of issue of cancellation orders. The powers for accepting the review / appeal beyond the prescribed period of 30 days, for the reasons to be recorded in writing, would however, vest with the authorities competent for restoration / extension. * 24-3 Policy for restoration of cancelled plot Any cancelled plot which is still in possession of the party or possession of plot has been taken by the Corporation but deposited money has not been refunded by the Corporation, and if it is not re-allotted then it may be considered for restoration by Sr.DGM/SRM/RM as per the following policy : 24(3)-A Industrial / residential plots allotted through normal procedure : ( i ) Cancellation of plot due to default in payment of 75% development charges or 3 or more consecutive instalments : Restoration of plots shall be done on payment of outstanding development charges alongwith interest and additional development charges @ 1/3rd of difference in prevailing rate of development charges and allotment rate. ( ii ) Cancellation of plot due to default in payment of less than 3 consecutive instalments of development charges : Restoration of plots shall be done on payment of outstanding instalments of development charges alongwith interest and additional development charges @ 10% of difference in prevailing rate of development charges and allotment rate. Note : However, while restoring plots as above, the amount of development charges (on original rate) + interest on outstanding development charges + additional development charges towards 1/3 or 10% of difference of the rates shall be limited to development charges on prevailing rate + 25% development charges on the then allotment rate. The outstanding service charges, economic rent and interest thereon, if any, upto the date of restoration shall be waived. ( iii ) Cancellation of plot due to default in non-payment of service charges and economic rent : Restoration shall be done on payment of outstanding dues alongwith interest and additional penalty amount equal to 25% of principal outstanding dues of service charges and economic rent. ( iv ) Cancellation of plot due to reasons other than mentioned above ( like delay in commencement of production etc. ) : Restoration shall be done on payment of retention charges / other charges, as applicable / re-compliance of terms of allotment and lease deed on violation of which the plot was cancelled, and on payment of additional development charges @ 5% of prevailing rate of development charges in the area. 24-(3)- B Industrial / residential / commercial plots allotted through auction or industrial / residential plots under TBAY : ( i ) Cancellation of plot due to default of payment of 75% development charges or 3 or more than consecutive instalments : Restoration shall be done on payment of outstanding development charges alongwith interest and additional development charges @ 25% of prevailing rate of development charges. In case of residential and commercial plots prevailing rate of development charges for the respective use shall be two and four times of industrial rate of development charges prevailing in the area respectively. ( ii ) Cancellation of plot due to default in payment of less than 3 consecutive instalments of development charges : Restoration shall be done on payment of outstanding development charges alongwith interest and additional development charges @ 10% of prevailing rate of development charges. In case of residential and commercial plots prevailing rate of development charges for the respective use shall be two or four times of industrial rate of development charges prevailing in the area respectively. ( iii ) Cancellation of plot due to default in payment of service charges and economic rent : Restoration shall be done on payment of outstanding dues alongwith interest and additional penalty amount equal to 25% of principal outstanding dues of service charges and economic rent. ( iv ) Cancellation of plot on account of reasons other than mentioned above ( like delay in commencement of production etc. ): Restoration shall be done on payment of retention charges / other charges, as applicable / re-compliance of terms of allotment and lease deed on violation of which the plot was cancelled, and on payment of additional development charges equal to 5% of prevailing rate of development charges in the area. For residential and commercial plots prevailing rate of development charges for respective use shall be two times and four times of prevailing industrial rate in area respectively. 24(3)C. Condition attached to restoration of cancelled plot: After receipt of payment of additional development charges, interest, retention charges, dues etc. and removal of breach of terms and conditions, cancellation letter shall be withdrawn and plot shall be restored to the plot holder on the same terms and conditions. (Inserted and amended as per IDC decisions taken vide item 8 on 27.12.2002, item 10 on 30.6.2003 and item 6 on 21.02.2004. Further insertion as per approval by the IDC vide item 14 of its meeting held on 19.6.2009. Amended .further as per approval by the IDC vide item 14 of its meeting held on 19 .6 . 2009 )