SUKHAR ENTERPRISES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether new industrial policy as enshrined in Annexure P-1 that came to be issued by Director of Industries, Punjab on 2nd of August, 1996 giving tourism the status of an industry would entitle the petitioner to change of land use i.e. by converting a plot which has been allotted for industrial purposes to a hotel in an industrial area is a question that has been posed for adjudication in this case.

(2.) Brief facts of the case giving rise to this petition need a necessary mention. It is the case of the petitioner that he owns an industrial plot No. B-23, Phase III, Industrial Area, Mohali. This plot was allotted to the petitioner as an industrial plot way back in 1986. It is the case of the petitioner that State of Punjab issued a new industrial policy Annexure P-1 vide which hotels, restaurants and amusement/adventure parks were declared as industrial units as small scale industry and that being so permission was granted to the petitioner to run a hotel industry in the same plot. On 26th of August, 1997 General Manager of the District Industries Centre, Mohali visited the said plot and permitted to change the land for the construction of hotel. However, when the petitioner applied to PUDA for providing zoning for construction of the hotel in the same premises, Senior Town Planner, PUDA vide his letter dated 6th of October, 1998 declined to use the said plot for the purpose of hotel industry. It is this letter of Senior Town Planner dated 6th of October, 1998 (Annexure P-5) which has been challenged in the present petition.

(3.) Mr. G. S. Grewal, the learned Senior Counsel appearing for the petitioner contends that vide new industrial police Annexure P-1, the Government of Punjab acting through Industries of Punjab had accorded tourism the status of an industry and that being so, the General Manager, District Industries Centre, Mohali vide letter dated 26th of August, 1997 permitted the petitioner to change of the land use for the construction of hotel. In the light of new industrial policy of the Government Annexure P-1 and the letter issued by General Manager, District Industries, Mohali, the Senior Town Planner, PUDA, Mohali had no jurisdiction whatsoever to refuse permission to petitioner to change of land use and convert an industrial plot in industrial area to a hotel. In any case, order Annexure P-5 is illegal being opposed to the industrial policy Annexure P-1, further contends the learned Counsel.