TALCEM CASTING (P) LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has approached this Court against an order dated 18.4.2007 issued by the respondent no. 2, Adityapur Industrial Area Development Authority, whereby the allotment of land and lease deed were cancelled and the amount deposited by him has been forfeited in exercise of power under Section 6(2) clause (a) and (b) of Jharkhand Industrial Area Development Authority (Amendment) Act.

(2.) The ground of cancellation was that the petitioner had not indulged in carrying out the manufacturing activity in the premises for which the plot was allotted and had violated the lease conditions by letting out the premises.

(3.) When the matter was taken up earlier on 14.5.2007 an interim order was passed to the effect that the respondents shall not take any coercive measure to dispossess the petitioner. The matter remaining pending thereafter for some time. On 5th November, 2012 when the matter was taken up, the petitioner filed a supplementary affidavit making averment that the factory is being revived by use of new technology for casting purposes. It was submitted by the learned senior counsel for the petitioner that the whole purpose and object of allotment of plot in an industrial area is to encourage the unit for industrialization. The petitioner is bona fide interested in using the premises for industrial purposes and is in the process of doing so. The respondents would not be justified in evicting him and allotting the same land to another interested unit for establishing a fresh industry.