AJAY KAPUR Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Petitioner seeks quashing of order dated 03.11.2011 (Annexure P-9) passed by the Haryana State Industrial & Infrastructure Development Corporation Limited (in short 'HSIIDC') resuming industrial plot No.340, Sector-3, Growth Centre, Bawal. Petitioner is further aggrieved of an order dated 25.04.2013 (Annexure P-10) passed by the Appellate Committee headed by Principal Secretary, Department of Industries and Commerce, Haryana, whereby the action of resumption has been affirmed.

(2.) Vide a regular letter of allotment dated 7/10-09-2007 industrial plot bearing No.340, Sector-3 admeasuring 4000 square meters in Growth Centre Bawal was allotted in favour of M/s Shubham Chemicals and Solvents Limited. The allotment was made under the "prestigious projects category" for setting up an industrial project to manufacture pre-laminated particle board. A request for change of allotment from the name of the company to that of Sh. Ajay Kapur, Managing Director of the company i.e. present petitioner was permitted vide communication dated 30.05.2008 (Annexure P-2). It was clarified therein that the conditions contained in the regular letter of allotment dated 07/10-09-2007 would remain the same. Petitioner thereafter entered into an agreement dated 06.08.2008 with HSIIDC as regards the plot in question and the terms and conditions which would be relevant for the issue at hand are reproduced herein:

(3.) On 27.10.2009, a communication was issued by HSIIDC calling upon the petitioner to furnish a status report as also putting him to caution that the proposed project is required to be implemented till 07/10- 09-2010. Since the petitioner had failed to take possession of the plot a notice dated 11.12.2009 was issued wherein initiation of appropriate proceedings as per terms and conditions of the regular letter of allotment were contemplated. It would be pertinent to take notice that in the light of a slow down in the global economy a general extension was granted by the respondent/corporation across the board and as such the stipulated period of implementation of the project insofar as the petitioner is concerned stood extended upto 09.09.2011. Apparently, the petitioner sought further time for taking over physical possession of the plot in question as also to commence construction and to implement the project. On 29.07.2010, HSIIDC informed the petitioner that the request had been acceded to subject to construction on the plot being commenced within a period of three months from the date of issue of the letter and to thereafter implement the project upto the extended period i.e. 09.09.2011.