For setting up a Unit in Dahej SEZ, plot of land in SEZ is offered on 30 years lease after approval of the project and issue of Letter of Approval (LoA) by the Development Commissioner, SEZ, as per the SEZ Act 2005 of GoI. Accordingly, an applicant is required to make an application for land allotment in prescribed Application Form to Dahej SEZ Ltd., with a processing fee of Rs.50,000/- and deposit of Rs.1.00 lakh per hectare, through Demand Draft drawn in favour of Dahej SEZ Ltd. After processing of the application, DSL issues in-principle approval for allotment of land in SEZ. Only after production of Letter of Approval (LoA) from the Development Commissioner, SEZ. Dahej SEZ Ltd. issues Offer-cum-Allotment Letter to the applicant. Thereafter, the allottee is to make payment and take possession of land in SEZ.
There are, however, instances of withdrawal of application before taking possession of allotted plots in SEZ on account of various reasons. In this context, Dahej SEZ Ltd. has come out with a surrender policy for land allotted in SEZ. The surrender policy is as under:-
Applicant Fails to Take Possession of Land
- The applicant is to submit application to DSL for requirement of land in specimen format, submitting requisite details and documents, with Rs.50,000 as application fee and Rs.1.0 lakh per hectare as deposit money.
- After processing of the application, DSL is to issue provisional offer for allotment of land to the applicant.
- The applicant is to submit Letter of Approval (LoA) from DC, Dahej SEZ within six months from the date of application to DSL.
- In case of delay on the ground of reasons beyond control of the applicant, extension may be considered upto another six months.
- If the applicant fails to produce LoA and/ or take possession of land, within 12 months of application, the provisional offer will be cancelled and the applicant will be required to apply afresh.
- In such a case, DSL will charge Rs.50,000/- application fee and 10% of the Deposit amount.
- Rest of the amount of deposit will be refunded back, without any interest.
- The application will be closed.
Delay in Payment of Total Amount of Allotment Price
- After issue of offer-cum-allotment letter to the applicant, he is required to pay total amount of allotment price of land within 30 days or as per terms of allotment in case of deferred payment.
- In case the applicant fails to make payment within stipulated time, interest will be levied on the balance amount @ 0.50% above SBI PLR as on 1st April of the year and 1st October of the year for delayed period, prospectively.
Delay in Project implementation
- In case, the applicant does not take steps towards implementation of the project as per conditions of the offer-cum-allotment letter/agreement upto three years, the agreement shall be terminated and allotted plot will be taken back.
- In such case, the amount paid by allottee to DSL is to be refunded, without any interest, after deducting amount as under:-
- Application fee of Rs.50,000/-
- Deposit amount paid at the time of application.
- N.A. Tax, lease rent and other charges which are outstanding and due from DSL and Co-developers.
- Penalty @ 10% of allotment price from the date of allotment upto 3 years.
Cancellation or Surrender of LoA
- In case of cancellation or non-renewal of Letter of Allotment (LoA) to the unit or unit deciding to transfer its facility outside SEZ, the allottee has to surrender the allotted plot of land to DSL. The lease deed will be terminated.
- The allottee is to be refunded the amount of allotment price paid to DSL, without any interest, after deducting amount as under:-
- All outstanding amount and dues including non-assessment charges, lease rent, service charges levied by developer, co-developers and any other charges which are required to be paid by DSL for the demised premises.
- The allottee may be allowed to transfer the plot to another unit who has been granted Letter of Approval from DC, Dahej SEZ, provided allottee has started unit before closing down and pays 35% of the prevailing allotment price as a transfer fee at the time of transfer to DSL .
- DSL will enter into a fresh lease deed with the new allottee.
- In case, allottee is required to close down the plant because of change in Government policy, or area needs to be denotified from SEZ area, the case shall be placed before the Board of Directors for appropriate decision. The terms shall be finalized by the Board. The decision of the Board of Directors will be final and binding to the allottee.