ASHOKA HOSIERY Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the impugned order dated 6th September, 1987, copy of which is Annexure P-6 to the writ petition, vide which the allotment of plot No. H-49 situated in the Industrial Area, Panipat, in favour of the petitioner, was cancelled and plot resumed alongwith its structures, if any, and order dated 30-9-1987, copy Annexure P-7, whereby the petitioner was directed to hand over its possession to the respondent-Department.

(2.) This order will dispose of CWPs No. 8352, 8356, 8857, 9230 of 1987 9912 of 1988, 1093, 1094, 1096, 1097, 4817 and 5905 of 1989, as they were to be heard together. For the purpose of order, facts have been taken from CWP No. 8352 of 1987 M/s Ashoka Hosiery v. State of Haryana and Ors.

(3.) The brief facts of case are that INdustrial plot No. H-49, situated in the Industrial Area. Panipat, was allotted to the petitioner by the Director of Industries Haryana, respondent No. 2, vide his letter dt. 17-12-1974, copy of which is Annexure R-1 to the written statement and its possession was delivered to him on 22-3-1979. As per terms of allotment, the petitioner was required to start the construction of factory-building within six months from the date of taking over of the possession of the said plot after getting the plan approved from the appropriate authority according to the building bye-laws and to complete the construction within one year from the date of taking over of its possession. Further, he was to start the industry for which the said plot was allotted to him, within six months from the date of completion of the factory building or within two years from the date of taking over of the possession, whichever was earlier. According to the terms and conditions contained in the allotment letter, the petitioner was required to take effective steps for starting the industry. He was to construct a substantial part of the factory building and to place a firm order for a substantial part of the plant and machinery required for the industrial activity. The petitioner had also signed a Conveyance Deed. Further as per stipulation, in the event of violation of any of the terms of the allotment or Conveyance Deed, the plot in question was to be resumed alongwith the structures raised thereon. As per sub-Clause (ii) of Clause 18 of terms & conditions of allotment, in the event of any dispute or difference at any time arising between the Govt. and the allottee, the dispute was to be referred to the Director of Industries, Haryana whose decision was to be final and binding in the matter.