RAVENBHEL BIOTECH Vs. STATE

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, the petitioner has, inter alia, prayed for the following reliefs:

(2.) Facts, in brief, leading to the filing of this writ petition are that a plot of land measuring 10 kanals situated at EPIP Kartholi, SIDCO Industrial Complex, Bari Brahamana came to be leased out to the petitioner-firm by the J&K State Industrial Development Corporation Ltd. vide Lease Deed registered before the Court of learned Sub Registrar, Samba on 27/7/2011. The said plot of land was leased out to the petitioner-firm for setting up of an industrial unit for manufacturing of pharmaceutical preparations for a period of eighty four (84) years from the date of execution of the Lease Deed. The petitioner-firm, after allotment of the said plot in its favour, established an industrial unit for manufacturing of capsules, syrup and tablets. It was registered as a Small Scale Manufacturing Enterprise by the General Manager, District Industries Centres, Jammu vide Entrepreneurs Memorandum dtd. 4/4/2012. On 15/3/2016, the Government of Jammu and Kashmir came up with a Industrial Policy, 2016. With a view to giving effect to the said Industrial Policy, the Government of Jammu and Kashmir vide its order No. 129-Ind. of 2017 dtd. 7/6/2017 formulated the procedural guidelines of Industrial Policy, 2016 (supra).

(3.) It is submitted that clause 2.12 of the Guidelines aforesaid provides that the land available in the Land Bank after its development by SICOP/SIDCO shall be allotted to the entrepreneurs on first come first serve basis and the Director, Industries and Commerce/General Manager, DIC shall consider the request for allotment of land and determine the size of the plot to be allotted. The said clause also provides that the size of the plot allotted would not be more than what is required for the unit. It is further submitted that as per clause 17.2 of the Guidelines aforesaid, the owner of the adjacent functional unit shall be afforded first opportunity for allotment of the retrieved land. However, such opportunity shall be afforded for a genuine substantial expansion plan/project required to be submitted by such functional unit and duly approved by the competent authority. It is pleaded that plot of land measuring 06 kanals of land was originally allotted by the SIDCO to the firm M/S Premier Exports. It is submitted that the SIDCO cancelled the allotment of said plot made in favour of aforesaid firm and retrieved the same. After retrieving the said plot of land, the SIDCO vide order dtd. 21/6/2019 instead of offering this adjoining retrieved land to the petitioner, allotted 04 kanals out of the 06 kanals of retrieved land in favour of respondent No.7 on the ground of "by way of change of site".