M/S. MAJESTIC AUTOCOMP PVT. LTD. Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND OTHERS

JUDGEMENT

(1.) The present writ petition is directed against the order dated 29.8.2012, whereby appeal of the petitioner was dismissed and resumption order dated 8.11.2011, was upheld. The relevant factual background of the case, necessary for disposing of the issue involved herein, is that petitioner was allotted plot No. 204 in Sector 4, Phase II, Industrial Estate, G.C. Bawal, District Rewari, measuring 10104.27 square meters. This plot was allotted to the petitioner for setting up the project for manufacturing of auto components, vide regular letter allotment dated 3.4.2008 (Annexure P-2), under an on-going prestigious projects scheme. It is relevant to note here that the land was allotted to the petitioner on fast track basis, wherein the applicant did not have to wait for the advertisement for allotment of plots. The allotment was made under a special scheme allowing the petitioner to jump the queue, vis--vis, other intending entrepreneurs, who were also planning to set up such projects under the non prestigious category.

(2.) The plot in question was allotted to the petitioner under the State Government's Industrial Policy-2005 and Estate Management Procedure-2005 ('EMP' for short), of the HSIIDC-respondent No. 1, subject to certain terms and conditions.

(3.) As per Clause 3 of the agreement between the parties, executed pursuant to the letter of allotment, the plot was allotted on the "as is where is basis". When the petitioner failed to comply with the terms and conditions of allotment, show cause notice dated 3.5.2011 (Annexure P-14), for resumption of the plot, was issued but it was not replied by the petitioner. Thereafter, the petitioner was called upon for personal hearing on 30.8.2011, 2.9.2011 and 20.9.2011, but nobody appeared on behalf of the petitioner. Yet, another opportunity was granted to the petitioner to appear on 18.10.2011. Since as per the site inspection report dated 14.10.2011, the plot was still found vacant, the impugned resumption order dated 8.11.2011, was passed by respondent No. 3.