NATIONAL CHEMICAL INDUSTRIES LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed by M/s. National Chemical Industries Limited, Haryana through its Director Shri Goenka, for quashing of order of respondent No. 3 dated 3.6.1986, copy Annexure P-7 to the writ petition, vide which respondent No. 3 had withdrawn the permission of division and zoning and to follow up order dated 5.11.1984, copy Annexure P-4 to the writ petition, vide which respondent No. 2 had approved the proposal for preparing the zoning of individual plots Nos. 119 to 130, of Sector 24 Faridabad.

(2.) The petitioner is a public limited-Company registered under the Indian Companies Act, 1956 and is having its registered office at M-24, Green Park, New Delhi and Shri R.C. Goenka is one of the Directors of the petitioner-Company who was authorised to file the present writ petition for quashing the above said orders.

(3.) The relevant facts of the case are that the petitioner-Company was allotted plots Nos. 119 to 130, Sector 24, Faridabad under drawing No. DTP/243/69, each plot having been shown as a separate plot, in the year 1969. The State of Haryana in the year 1975 prepared fresh zoning plan and grouped the plots of the petitioner-Company. The petitioner-Company from 1977 to 1983 suffered huge losses on account of mismanagement which became due from Company. The petitioner-Company could not meet its liabilities. Delhi High Court at New Delhi vide order dated 22.5.1981 ordered winding up of the Company and also appointed official liquidator to take charge of the Company and its properties. Under orders of the Delhi High Court dated 15.3.1983, the official liquidator was directed to hand over the management and control of the petitioner-Company to the new management and the new management took possession of the plant, machinery, assets and records from the official liquidator. Thereafter, Company paid a sum of Rs. 11,28,000/- against the sale price of Rs. 8,50,000/- as envisaged under the scheme sanctioned by High Court of Delhi. Copy of the receipt is Annexure P-1 to the writ petition. Sometime later, the Company wrote a letter to the Estate Officer requesting him to allow the transfer of title of plot and permission for individual zoning of the plots. Copy of the letter dated 30.6.1984 is Annexure P-2 to the writ petition. On receipt of the Company's request the Chief Town Planner, Gurgaon gave no objection to the individual zoning vide letter copy Annexure P-3 to the writ petition as was shown in the original lay-out plaint prepared in January, 1969. The Chief Administrator vide his order dated 5.11.1984 copy Annexure P-4 to the writ petition, approved the proposal for zoning of the individual plots and informed the petitioner-Company.