ALOTH SAMASTIPUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the present writ application for quashing the order dated 20.10.97 (An -nexure -15) passed by the Managing Director, Darbhanga Industrial Area Development Authority (hereinafter referred to as the DIADA) whereby a direction has been issued to the Officer Incharge of Samastipur Police Station to deliver the physical possession of plot nos. 111, 112, 113, 116 & 117(p) situate in Industrial Area Samastipur to respondent no.5, for directing the respondents to handover the vacant possession of the land in question to it and to grant provisional registration certificate to entablish an industry.

(2.) THE facts necessary for disposal of the present writ application are that the DIADA was established for industrial development in the districts of Darbhanga, Muzaffarpur, Samastipur, Begusarai, Saharsa, Madhepura, Madhubani and Katihar. It has developed the industrial estate/area in all the aforesaid districts and allotted plots to the entrepreneurs for setting up new industries and for expansion of existing industries. The petitioner applied for allotment of plot in the industrial area at Samastipur for establishing a plant for special smokeless fuel plant based on Coal. The Managing Director of DIADA granted provisional registration for establishment of industry for a period of one year. The aforesaid authority of DIADA allotted 1.50 acres of land in the aforesaid industrial area vide memo dated 28.2.89 (Annexure -2) for a period of 33 years on payment of Rs. 90,000/ -. Later on at the request of the petitioner 0.5 acres of land was also allotted on payment of Rs. 30,000/ -. On 13.11.90 a lease deed was registered with regard to the aforesaid areas in favour of the petitioner for 33 years. According to the terms between the parties Rs.24000/ - was to be deposited before the execution of the lease and the remaining amount was to be deposited in instalments. The petitioner deposited Rs.24000/ - and thereafter the lease deed was executed. The physical possession was also given to the petitioner on 9.10.90.

(3.) IN September, 1993 the Government of India came out with a new industrial policy decision which provided that the period of provisional registration certificate may be extended to the period of five years and if the unit is not set up within that period a fresh application for registration has to be filed. Thereafter, the Managing Director of the DIADA informed the petitioner on 23.3.94 that the period of his provisional registration has expired and if he wants to establish a new industry then he may apply for a fresh provisional registration and thereafter the petitioner applied for the same and accordingly his application was placed before the Project Clearance Committee wherein it was decided that the project of the petitioner will be considered after submission of the commitment latter for coal linkage from the Coal India and commitment letter from the financial institution. The petitioner complied with the aforesaid direction.