AISHWARYA FOUNDATION (TRUST) Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ashish Giri, learned counsel representing the petitioner and Mr. Piyush Lal, learned counsel representing the Bihar Industrial Area Development Authority ('BIADA') and it's authorities.

(2.) This writ application was filed long back in the year 2012 being aggrieved by the order dtd. 4/8/2011 bearing No. 4286/D issued by the Executive Director, Bihar Industrial Area Development Authority (herienafter referred to as the "BIADA") (Respondent No. 5) by which the petitioner was called upon to deposit a sum of Rs.1,45,92,748.00 by way of transfer fee for the purpose of transfer of lease hold rights of the industrial plot of 'BIADA' in favour of the petitioner.

(3.) The writ application was one of the series of the writ applications which were presented before this court challenging the decision of the 'BIADA' to levy of transfer fee @ 15% on the prevailing circle rate. The challenge was also made to the power/authority of the 'BIADA' to impose such kind of charges in lieu of transfer of lease hold rights by any allottee/lessee of the industrial plot in favour of the transferee.