GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition is filed against the resumption of an industrial plot allotted to the petitioner.

(2.) THE petitioner had been allotted an industrial plot in Industrial Area - B, Ludhiana near Gill Road bye -pass, Ludhiana through sale deed dated May 27, 1958, for the purpose of installing an industry. Thereafter, the petitioner submitted a plan for sanction for construction of the factory building and his unit was also registered under a certificate as small scale industry on August 11,1961 while so on September 20, 1978, the respondents have given a notice to the petitioner to show cause why the plot could not be resumed as the petitioner violated the terms of the allotment. As indicated in the notice, the violations according to the respondents are : -

(3.) THE other ground on which the resumption of the plot was sought for is that the plot was being used for residential purposes. The learned counsel for the petitioner placed before me the Building Bye Laws for the Industrial Areas in the State of Punjab. According to bye laws, the Industrial Building 'means a building designed for use as factory, workshop, mini factory and includes any office or another building within the same site, the use of which is incidental to and such as would ordinary be incidental to the use of such factory or workshop and a building designed for use in connection with the mining of minerals, or as a water pumping Station, warehouse, depository or store, including habitable accommodation for a Manager or Managing proprietor and for a watchman or watchmen and for his/their families provided this total floor area so provided does not exceed 3000 sq. ft.).