LAWS(P&H)-1991-1-134

VIJAY NAGPAL Vs. STATE OF PUNJAB AND OTHERS

Decided On January 21, 1991
Vijay Nagpal Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The Petitioner applied to the Director of Industries, Punjab, for the allotment of an Industrial plot in the Urban Estate, Mohali, (SAS Nagar) for setting up of a chemical industry for the manufacture of synthetic cryolite. Later on the petitioner gave up his plan of manufacture of cryolite and instead decided to set up a foundry for grade casting of ferrous and non-ferrous metals and manufacture of tractor and other automobile parts. He got prepared a detailed technical-cum-feasibility project report. Petitioner took positive steps to set up the foundry and took on rent a portion of industrial plot B-5 in Phase-I. Petitioner got his concern - Nagpal Foundries registered as a dealer under the Sales tax Act and as a small scale industry provisionally at number 16/11 Prov./208/SSI on May 9, 1979.

(2.) In 1974, the State Government changed its policy and started allotment of plots on leasehold basis through Punjab State Small Scale Industries Corporation Limited (hereinafter referred to as PSSIC), an undertaking solely owned by the State Government. The Government acquired the land for industrial purposes and passed on the same to PSSIC who developed the laud and then allotted the plots to various entrepreneurs on 99 years lease basis, Entrepreneurs to whom the sites were allotted were selected and recommended by an allotment committee constituted by the State Government, Under the aforesaid arrangement PSSIC developed Phase-VII (industrial) in the focal point of SAS Nagar (Mohali).

(3.) In Jan. 1979, Petitioner received a letter dated Jan. 1, 197) from Managing Director, PSSIC, intimating him that on the basis of letter No, LMI/29/LA/25805 he has been allotted plot No. C-154 Phase-VII SAS Nagar (Mohali) measuring 4167 sq. yards for setting up an industry for the manufacture of synthetic cryolite. This allotment was made on the basis of the application made by the petitioner in the year 1974. Petitioner on re-thinking of the whole matter, approached the Industries department to seek change of land use and met the Managing Director of PSSIC in this connection.