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Supreme Court Upholds UPSIDA’s Cancellation of Piaggio’s 33-Acre Plot in Noida Over Non-Utilisation

Vivek G.

The Supreme Court upheld UPSIDA’s cancellation of Piaggio’s Noida industrial plot, citing failure to utilize land as per lease conditions despite multiple extensions and opportunities. - M/s. Piaggio Vehicles Pvt. Ltd. vs State of U.P. & Others

Supreme Court Upholds UPSIDA’s Cancellation of Piaggio’s 33-Acre Plot in Noida Over Non-Utilisation
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In a significant ruling on industrial land allotments, the Supreme Court of India has dismissed an appeal filed by M/s. Piaggio Vehicles Pvt. Ltd., challenging the cancellation of its industrial plot in Uttar Pradesh. The dispute centered on alleged failure to develop and utilize the land within the stipulated time.

Background of the Case

The case, M/s. Piaggio Vehicles Pvt. Ltd. vs State of U.P. & Others, arose from the cancellation of a 33-acre industrial plot in Surajpur, Greater Noida. The land had originally been allotted to another entity in 1985 and was later transferred to Piaggio’s predecessor, eventually vesting with the appellant company.

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The lease agreements executed in 2002 and 2007 required the company to construct and operationalize an industrial unit within a fixed timeframe. However, according to the Uttar Pradesh State Industrial Development Authority, the company failed to meet these conditions.

In August 2008, UPSIDA cancelled the lease, citing breach of terms, and initiated steps to reclaim the land while forfeiting the premium paid.

Piaggio challenged the cancellation before the Allahabad High Court, but its petition was dismissed in 2009. The company then approached the Supreme Court.

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During the long pendency of the appeal, several attempts were made to settle the dispute. Notably, in 2024, the company proposed to clear outstanding dues and set up an electric vehicle manufacturing unit on the land. However, the State Government ultimately rejected this proposal in 2025.

The bench examined whether the appellant had complied with the lease conditions and whether the cancellation was arbitrary.

The Court noted that despite obtaining necessary approvals and making some investments, the company had not undertaken substantial construction or commenced production on the plot for several years.

“The lessee failed to utilize the land in terms of the lease conditions within a reasonable time,” the bench observed, emphasizing that industrial plots are meant for productive use and cannot remain idle indefinitely.

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The Court also found that the fresh lease deed executed in 2007 did not reset the original obligations. Instead, it merely reflected a change in the company’s name following amalgamation.

On the issue of extension, the bench observed that although the company had sought more time, it did not comply with procedural requirements, including submission of the prescribed affidavit within time.

Piaggio argued that delays were due to business compulsions, including expansion at its Maharashtra facility. It also claimed to have deposited extension fees and expressed willingness to clear dues and invest further, especially in electric vehicle manufacturing.

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On the other hand, UPSIDA maintained that the company had shown no genuine effort to utilize the land. It pointed out that even years after allotment, only a negligible portion of the plot had been used.

After considering the material on record, the Supreme Court upheld the cancellation of the lease and dismissed the appeal. The Court declined to grant any equitable relief, noting persistent non-compliance with lease conditions.

The ruling effectively affirms UPSIDA’s decision to reclaim the industrial plot and closes the long-standing dispute.

Case Title: M/s. Piaggio Vehicles Pvt. Ltd. vs State of U.P. & Others

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