RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT Vs. HNB ASIA LIMITED HAVING ITS ADMINISTRATIVE OFFICE

JUDGEMENT

(1.) This Appeal has been filed by Rajasthan State Industrial Development and Investment Corporation Limited (for short 'the RIICO') against the judgment dated 17.11.2016 passed by the learned Single Judge of this Court whereby writ petition filed by Respondent No. 1, M/s. HNB Asia Limited has been allowed and the appellants have been directed to consider the case of the respondent for allotment of industrial plot as per the policy applicable at the time of filing of the application by it pursuant to Rule 3(W) of RIICO Disposal of Land Rules, 1979 (for short 'the Rules of 1979'). The respondent in the writ petition challenged order dated 10.10.2012 and 16.01.2013 whereby allotment of industrial plot in its favour was cancelled.

(2.) Respondent No. 1 made an application to the appellants for preferential allotment of industrial land measuring 18000 sq. metres in Industrial Area Ramchandrapura, Jaipur under Rule

(3.) (W) of the Rules of 1979 for setting up industry of all types of furnitures, handicrafts etc. along with keenness money of 10% of the development charges calculated at the prevailing rate of development charges i.e. Rs. 4,500/- per sq. metres. However, before its case could be considered by the Sub Committee of the RIICO, an amendment in Rule 3(W) of the Rules of 1979 was made on 13.08.2012 providing that the minimum investment of Rs. 10 crores should be made by the applicant in its project, of which the cost of land and building should not exceed 20% of the total cost. As per Annexure-8 to the writ petition, total amount of Rs. 11.65 crores was shown by Respondent No. 1 to be invested in the project. Investment of Rs. 10.84 crores was proposed to be made on land and building and Rs. 0.63 crores was proposed to be invested in plant and machinery and other fixed assets. Since amended Rule 3(W) of the Rules of 1979 required maximum 20% of the investment on plant and machinery, the RIICO therefore considered investment of the respondent in the project as Rs. 2.96 crores only. There was only one plot bearing no. SP-2033 measuring 17500 sq. metres available for allotment at Industrial Area Ramchandrapura, Jaipur. The Sub Committee for allotment of land of RIICO in its meeting dated 10.10.2012 (Annexure-3 of the writ petition) rejected the application of Respondent No. 1 as its investment in the project was less than 10 crores. In the same meeting, the Sub Committee also rejected the application of M/s. Sunshine Automotives for the same industrial area as its investment was Rs. 8.62crores. However, M/s. Siddheshwar Gums Pvt. Ltd. whose investment in the project was Rs. 34.08 crores was allotted plot No. SP-2033 measuring 17500 sq. metres. Respondent No. 1 being aggrieved filed appeal, which was rejected vide communication dated 16.01.2013 (Annexure-7 of the writ petition). 3. It were these two orders which Respondent No. 1 challenged in the writ petition on the ground that the condition of investment of more than Rs. 10 crores out of which the investment in land and building cannot be more than 20% of the cost of the project could not be applied retrospectively to its case. The stand of the appellants before the learned Single Judge was that the said amendment would apply to all pending applications where the allotment of the land has not been made so far. Moreover, the appellants also contended that since there was no vacant land in the Industrial Area, Ramchandrapura, Jaipur, allotment of the land in that area cannot be made. Allegation of discrimination was denied by the appellants. The learned Single has, however, allowed the writ petition with direction to the appellants to consider the case of Respondent No. 1 for allotment as per the policy existing at the time of filing of the application.