CHHATRA INDUSTRIES Vs. STATE OF BIHAR

JUDGEMENT

(1.) Shorn of unnecessary details, challenge in the instant proceeding is to the communication dtd. 28/9/2020 issued by the Development Officer of the Bihar Industrial Area Development Authority ('BIADA' for short), communicating decision of the Authority in purported exercise of powers under Sec. 12 of the Bihar Industrial Area Development Authority Act, 1974 ('Act' for short). By the said communication, BIADA has inflicted a penalty of Rs.5.00 lakhs upon the petitioner for continuing to illegally encroach upon the lands for 13 years, even after the allotments were cancelled.

(2.) We have given our thoughtful consideration to the submission advanced by the parties. Having done so, we consider it useful to reproduce Sec. 12 of the Act which reads as follows:

(3.) The offence alleged against the petitioner, as per the impugned communication, is that even after cancellation of the allotment in respect of the lands, the petitioner has continued to illegally encroach the same for the last 13 years till issuance of the impugned communication dtd. 28/9/2020.