INDIAN ANALYTICAL LABORATORIES Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner was allotted an industrial plot of 2171 square meters by the State Industrial Development Corporation of Uttarakhand Ltd. (from hereinafter referred to as the "SIDCUL"?) at industrial area Estate Pantnagar, District Udham Singh Nagar.

(2.) The allotment was done on 18.07.2005 and the lease deed was executed on 16.11.2005 and the possession was handed-over to the petitioner on 31.12.2005. As per the lease deed, the petitioner was to start the production in the said premises within a period of two years i.e. by 15.11.2007. The allotment was made for the purposes for manufacturing of Inject Tablets, Eye/ear drops and ointments. Since this could not be done and in fact the infrastructure itself was not laid out, this allotment was cancelled by the SIDCUL vide order dated 15.01.2008, which is presently been challenged before this Court.

(3.) The case of the petitioner before this Court is that it is not that they had done nothing on the said plot. They have taken the electricity connection and the filling of the land has been done by them. Meanwhile, out of the three partners, two main partners i.e. father and son, who were returning to Delhi on 13.05.2007 met with an accident and in the said accident they sustained spinal injuries and were advised bed rest for almost a year and consequently they could not raise the construction of the factory. The third partner Ms. Sudesh Tyagi, the wife of Mr. V.K. Tyagi was not able to look after the business interest. Thereafter on 10.02.2008 Ms. Sudesh Tyagi wrote a letter to the Managing Director of SIDCUL stating that some further time be given to them for the construction of the factory. Though the SIDCUL has agreed to consider the request of the petitioner but this can be done only as per the current policy.