M/S. DIKSHA ENTERPRISES Vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD. AND ANR.

JUDGEMENT

(1.) THIS writ petition seeks to challenge the letter dt. 29.06.2005 issued by the respondent -Senior Regional Manager, RIICO. Bhiwadi, Alwar canceling the application submitted by the petitioner for allotment of industrial plot No. E -156, measuring 4000 sq. Meter situated at Industrial Area, Chaupanki, Bhiwadi, Alwar for establishment of a factory. Contention of the learned counsel for the petitioner is that the plot was allotted to the petitioner after completion of due formalities and the petitioner timely deposited the entire amount of consideration. Petitioner was charged @ Rs. 440/ - per square meter. No amount remained due. Subsequently, the respondent -authority unilaterally enhanced the rate and required the petitioner to deposit the enhanced amount, whereas they were under an obligation to issue allotment letter/patta to the petitioner immediately on payment of sale consideration by the petitioner on 30.03.2004.

(2.) IN reply to the writ petition, it is submitted that the petitioner, despite being required did not submit N.O.C. from the Rajasthan State Pollution Control Board, whereas the fact is that the no objection certificate from the Pollution Control Board is not a conditions precedent for allotment, though it may be so far start of production and secondly petitioner has already obtained No Objection Certificate from the said Board on 10.08.2012.

(3.) RESPONDENTS opposed the writ petition and submitted that this petition cannot be entertained at premature stage because the petitioner has an alternate remedy against the order of cancellation under the RIICO Disposal of Land Rules, 1979 under Clause 24(2)(b) which in case of cancellation of plot upto 2 acres provides appeal lie to the Advisor [Infra).