SIMBHA CHALEM INDUSTRIES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Vandana Singh, learned counsel appearing for the petitioner, Dr. Ashok Kumar Singh, learned counsel appearing for the respondent-Bokaro Industrial Area Development Authority and Mr. Abhay Prakash, learned counsel appearing for the respondent-State.

(2.) The petitioner has preferred this writ petition for quashing the order dated 23.11.2005 passed by the Secretary, Bokaro Industrial Area Development Authority (hereinafter to be referred to as BIADA), whereby, piece of land allotted to the petitioner has been cancelled as well as for quashing the order dated 17.10.2014 passed by the Secretary, Industries, State of Jharkhand, Ranchi, whereby, appeal filed by the petitioner, has been dismissed.

(3.) The brief facts of the case of the petitioner are that the proprietor of the petitioner has made an application before BIADA, pursuant to that the piece of land measuring 0.62 acres bearing plot no. I/B-1 in Bokaro Industrial Area for the manufacture of items such as mechanized rubber was allotted in favour of the petitioner by the respondent-BIADA vide letter dated 07.07.1980. Thereafter, the petitioner was allotted delivery of possession. The petitioner commenced operation of rubber industry, however due to fall in market of manufacturing capacity of rubber and the petitioner's unit was to be operated on credit basis, that is why the petitioner-company in question was running in loss and, thereafter, the industry was closed. Thereafter, the petitioner moved to BIADA to restart a new industrial activity and vide letter dated 02.12.1996 issued under the signature of the Managing Director of BIADA, the petitioner was allowed to manufacture additional items i.e. C.I. Scrap, steel scrap and industrial scrap processing. Thereafter, unit was registered as small scale industry and permanent registration certificate was issued vide letter dated 27.02.1997 for the aforesaid modified items. The proprietor thereafter could not run the business after April 1998 as he was suffering from severe illness and was treated at Vellore. Subsequently, the respondent-BIADA issued show- cause notice to the petitioner, which was replied by the petitioner by explaining the cause of not running the industry. However, assurance was given on behalf of the petitioner that whatever dues are pending, that will be paid by the petitioner to the BIADA and, therefore, one more opportunity may kindly be provided to the petitioner to run the industry in question, but allotment of the said plot was cancelled vide order dated 23.11.2005. Pursuant to the show- cause notice, Evaluation Committee was constituted and the Evaluation Committee held a meeting on 24.01.2006 along with representations of several other similarly situated units. The Evaluation Committee decided that if the petitioner deposits the entire dues within one month and start production within six months, cancellation can be revoked. Subsequently, the Managing Director of the BIADA vide letter dated 08.05.2006 forwarded list of 27 units, which are defaulters, to the Secretary, Industries, State of Jharkhand for taking a suitable decision. Thereafter, many of the cancellation orders have been revoked by the respondents. Some of the revocation order of cancellation are brought on record at Annexure-10 series to this writ petition. The petitioner was expecting communication in this regard and has not received any communication, but nothing has come out in favour of the petitioner by the respondents, therefore, the petitioner filed a representations dated 04.03.2013 requesting therein to allow him to deport the dues of the authority and to re- start its unit, which was refused by the authorities. Subsequently, the petitioner preferred an appeal before the Secretary, Industries, State of Jharkhand, Ranchi which was numbered as Appeal No. 9 of 2013, which was also dismissed vide order dated 17.10.2014. Being aggrieved with this order also, this writ petition has been filed by the petitioner.