Respected Sir,

Subj: Appeal regarding inordinate measures taken by the

cancellation of Plot B-29
With reference to your letter No.
dated 31-01-2022 we have been informed that our Plot No B-29 at IT Park,
Badwai, Bhopal, Lease Deed No. MP059692016A1466591 registered on
05-08-2016 has been cancelled because of violation of Lease Deed
Clause Nos. 10 and 19. In the above said manner, we want to bring up
following points in your notice: -

1. This is to bring to your notice that the layout of the IT park has not been
approved by TNCP and the new development roads are not in the
approved plan. The same can be verified by letter no.
MPSEDC/IT/Park/Bhopal/2021/3283. Pertaining to these issues, it leads
to delays in permissions and unnecessary cost escalation for the plot
owners. In order to maintain the sanctity of the lease deed, with reference
to clause 12, the owners were not able to commence with the construction
of the building. Pertaining to the non-approval of the layout by TNCP,
building permissions are not being granted by Nagar Nigam. Hence, the
construction work is not being able to start, due to no fault of our own.
2. The world is distressed by the daunting situation created due to the
catastrophic outbreak of COVID, we the owners are facing frantic
challenges during such period of disruption owing to lockdowns, delay in
payments, inability to expand, losses sustained due to inactivity, and the
businesses have come to a halt. The world is at a standstill axis due to the
coronavirus pandemic, and thereby it is reasonable to say that
performance of the deed gets interrupted and is bound to get delayed.
Adding on to it, both the directors of the Company were both tested
positive of COVID-19 in July 2021 and owing to the inability of health it
become reasonable to say say that performance of deed is interrupted. In
consonance with clause 26 of the lease deed, an affected party due to
force majeure be excused from performance and any applicable deadline
and the time period specified in the deed shall be extended according to
the extent of such interference. The Ministry of Finance vide No. F.
18/04/2020-PPD dated 19.02.2020 clarified that the spread of coronavirus
be considered as a case of natural calamity and force majeure may be
invoked, wherever considered appropriate following the due procedure.
Nonetheless, we started the development of our project in these difficult
situations. However, it becomes crucial to extend the time duration for the
implementation of the deed.
3. Furthermore, the basic adequate facilities provided are insufficient;
Bhopal Suchana Prodyogiki Park Welfare Association has often
communicated their troubles to MPSEDC through the mail like; we are
given temporary electric connection from Low Tension lines only and not
from High Tension lines; Water supply for the construction are
inadequate as they are providing only with drinking water which is
insufficient for construction work. Owing to the lack of these basic
amenities, it becomes very difficult for us all to start with the
constructions.
4. Furthermore, in some cases the land allotment was done in the year 2016.
However, the registration of the said lands was done in 2019 i.e., 3 years
after the allotment. Implying that there is an inordinate delay owing to the
fault of MPSEDC and the parties. Benefitting from this inordinate delay,
they are not being penalized however we following the due process, are.
Making this cancellation arbitrary and unjust.
5. According to Clause 19 of the Lease Deed, the lessor shall issue a show-
cause notice to the lessee giving 15 days clear time to the lessee from the
date of service of the notice to submit its reply. However, with reference
to the letter MPSEDC/ITIA/BPL/2022/492 dated 31-01-2022 we were
not given any show-cause notice and we were not given any opportunity
to be heard. Thereby giving the decision ex-parte. Hence, there is a
violation of the due process that was to be followed. Furthermore, it is
urged by the authorities to nominate a senior representative for resolving
the dispute amicably by conciliation under Clause 36 of the Lease Deed.
6. The current property under Clause 31 of the Lease Deed has been
mortgaged with the Apex bank for the purpose of securing a loan from
the institution. We had taken due permission and consent from the lessee
before exercising this right under this clause which can be verified by the
NOC letter MPSEDC:ITIA: BPL;2015-16:559 dated June 18, 2015.
Cancellation of the plot would have hindering consequences. MPSEDC
has failed to consider that owing to unconditional Clause 36 of the Lease
Deed, the Bank has an interest in the property and would be privy to the
agreement. Thereby, upon cancellation of the Plot by MPSEDC would
lead to violation of the rights of the Bank and the NOC given by
MPSEDC.
7. Furthermore, we have constantly sent mails to MPSEDC regarding
change of address. However, they have failed to update the same.
8. Furthermore with reference to violation of Clause 10, we have
commenced with the construction work.

Status of our Project

 1. Water Connection was taken as soon it was given by MPSEDC and a
water meter was also installed by July 2020.
2. Temporary Electricity connection was taken on 20.6.2020 for the
development of the project. Copy is enclosed below.
3. We have also constructed a servant room and storage room on the site
for construction.
4. Even the map of the building has been designed and the SCR report is
approved.
5. Bhumi Poojan of the construction site has taken place and we have
started the initial construction work. The work of a prefabricated shed
is in the making process. Adding on to that large water tanks for
storage of water is under process as well.
6. The lease Rent of the plot B-29 has been paid regularly and updated
to date. Copy enclosed
7. Property tax of Bhopal Municipal Corporation has been paid till date
and ward NOC has been taken. Copy enclosed.
8. After giving an application on January 18, 2021, we are granted the
building permission after one whole year on February 13, 2022. Copy
enclosed.
However, owing to the fault at MPSEDC due to the unapproved layout by
TNCP, the building permission was delayed. Hence, there is no violation
of Clause 10 of the Lease deed.

9. With reference to the letter dated 07-02-2022 that we had submitted to MD

and CGM of MPSEDC as a representation, it is to be brought to your kind
notice that we had applied for building permission on January 18, 2021, and
were not granted it until February 13, 2022. Now that we are granted the
building permission and our primary construction of site infrastructure is
completed. Our construction will now be in full swing and we are committed to
building a world-class IT Centre immediately.

AS WE ARE MAKING A WORLD-CLASS IT AND SOCIAL MEDIA

CENTRE WITH 50,000 Sq.ft. CONSTRUCTION AREA AND WE ARE
COMMITTED TO GIVE APPROPRIATE EMPLOYMENT TO
ENGINEERS/IT/ITeS PROFESSIONALS OF MADHYA PRADESH. WE
THEREFORE REQUEST THE AUTHORITIES TO:
1. CALL OFF THEIR CANCELLATION OF PLOT B29;
2. ENFORCING CLAUSE 36 OF THE LEASE DEED WE REQUEST THE
AUTHORITIES TO NOMINATE A SENIOR REPRESENTATIVE TO
RESOLVE THE DISPUTE AMICABLY BY THE MEANS OF
RECONCILIATION AND;
3. GIVE US 5 YEARS FROM THE DATE OF FINAL TNCP LATEST
APPROVAL TO START THE CONSTRUCTION.
Yours
RAJESH BHATIA
Director, M/s Insight TV News Network Pvt. Ltd.