AJAY SINGH MANN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant petition filed under Article 226 of the Constitution prays for quashing order dated 22.3.2006 (P-12) passed by the Haryana State Industrial Development Corporation Limited (HSIDC)-respondent No. 3, resuming Industrial Plot No. 30, Phase 3, G.C. Bawal. A further prayer for quashing order dated 13.2.2007 (P-13) has been made whereby the appeal preferred by the petitioner against the resumption order has been rejected. Still further it has been prayed that direction be issued to the respondents to restore the aforementioned industrial plot in favour of the petitioner and also to issue letter of intent for implementation of the industrial project.

(2.) BRIEF facts of the case are that in pursuance to the application dated 27.5.1999 (P-1) made by the petitioner, industrial Plot No. 30, Phase 3, G.C. Bawal, measuring 250 Sq. Mtrs. was allotted vide Letter of Intent (LOI) dated 9.9.1999 (P-4). As per clause 4(i) of the Letter of Intent (LOI) dated 9.9.1999, Regular Letter of Allotment (RLA) was to be issued after fulfilling following formalities within a period of six months from the issue of LOI :- Obtain provisional registration certificate of the Unit from the concerned GM, DIC in case of SSI units and Industrial Entrepreneur Memorandum (IEM) from the SIA, Union Ministry of Industries in case of Medium and Large units. Approval of the Building Plans. Sanction of loan from the Bank/Financial Institution. If self- financed, proof of resources.

(3.) THE petitioner had already deposited a sum of Rs. 15,000/- as 10% of the earnest money alongwith the application and further deposited another sum of Rs. 22,500/- towards 15% cost of the plot. The plot was allotted for setting up the project of Die Casted Accessories, Engineering Components of Auto Parts etc. On 8.10.1999, an agreement was also entered into between the petitioner and the HSIDC (P-5). On 5.3.2001 and 9.3.2001, the petitioner further deposited a sum of Rs. 49,000/- each, total of which comes to Rs. 98,000/-. In this manner, the petitioner has paid a total sum of Rs. 1,35,500/-. Thereafter the petitioner shifted to a new address as he got a job. It is claimed that the changed address of correspondence as well as e-mail address was intimated to the HSIDC.