MULAKH RAJ DHAMIJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of aforementioned writ petitions, whereby the petitioners have challenged the allotment of industrial plots in Industrial Estate Kutana, Rohtak made in favour of respondent Nos.3 to 224 on the ground that the same is illegal & arbitrary on account of nepotism and favouritism without making any criteria and without following the due procedure established under the law. The petitioners have also sought a writ in the nature of mandamus directing respondent No.1 to handover the matter to some independent investigating agency for investigation and for conducting an independent enquiry with regard to the allotment of industrial plots by respondent No.2 Haryana State Industrial and Infrastructure Development Corporation.

(2.) RESPONDENT No.2 - Haryana State Industrial and Infrastructure Development Corporation (for short 'the Corporation') published an advertisement on 02.06.2008 (Annexure P -1) inviting applications for allotment of 202 industrial plots of various sizes situated at Kutana, District Rohtak at the rate of Rs.2750/ - per sq. meters, which was later on revised to Rs.3000/ - per sq. meters. The last date for submission of applications was 15.07.2008. The willing persons to seek allotment of industrial plot were required to apply on a prescribed application form alongwith supporting documents/information. It is pointed out that allotment commensurate with the project shall be made depending on the merits of the case, viz. technical feasibility and economic viability, background of the applicant etc. including availability of plots. The advertisement further contemplated that all CWP No.5075 of 2010 and other connected cases allotments shall be made in accordance with the Estate Management Procedures (EMP - 2005) of the Corporation, which have been appended by the Corporation as Annexure R -2/1. The application form had different columns including whether the applicant/promoters hold an industrial plot in the State of Haryana; the details of the proposed project as well as the project cost and the means of financing. The description of 202 plots advertised is as under:

(3.) THE petitioners have alleged that the fact that result was withheld for more than 5 months shows that the ruling party had allotted the industrial plots in order to extend benefit to their political supporters and in order to appease the persons having strong political connections. This entire exercise was done so that the successful candidates would extend their support to the then ruling party in the forthcoming elections to the Vidhan Sabha. The petitioners have also alleged that the allotments have been made without making any criteria for judging the suitability of the applicants and that such allotments have been made on the basis of pick and choose method and on account of nepotism, political considerations / extraneous considerations, after totally ignoring the qualifications, working experience in the same line, economic feasibility and technical viability and marketing tie -ups of the applicants.