SANGEET LODHA,J. - (1.) These intra-court appeals are directed against a common judgment dated 06.09.2019 passed by the learned Single Judge of this Court, whereby the writ petitions preferred by the respondents herein, assailing the action of the appellant-Rajasthan State Industrial Development and Investment Corporation Limited ('RIICO'), in restricting the size of the industrial plots to be allotted to inter-alia the respondents herein in the industrial area, in commensurate with the land occupied by their industrial units operating in the residential area sought to be shifted and demanding the development charges of the industrial plots allotted, more than the charges originally determined i.e. Rs.800/- per Sqm., have been allowed with the following directions: "36. In view of the aforesaid decision dated 13.05.2017 taken in the meeting headed by the Divisional Commissioner, qua petitioner and other 38 units to the extent of restricting their allotment in commensurate with the land already held by them, is quashed and set aside. It is declared that the decision of the State dated 28.08.2018 cannot be made applicable to the petitioners, to whom allotment had been made on 26.11.2015. 37. Since, the period of more than three years has since lapsed and petitioners have also not deposited the amount demanded by the RIICO in time, with a view to balance the equity, it is deemed appropriate and hence declared that the respondent RIICO shall be entitled for interest calculated @ 12% per annum for the period during which the amount depicted in the first demand notice remained unpaid. 38. Learned counsel for the petitioners informed that almost all petitioners have paid amount calculated at the rate of 1500/- per Sq. meter. The same be paid, if not paid so far. All the petitioners shall pay an interest @ 12% per annum for the period between the date of issuance of demand notice (@ Rs.1500/- per Sq. meter) and the date of deposit or 30.09.2019, which ever is earlier. 39. The respondent RIICO shall issue a demand notice regarding interest amount on or before 30.09.2019 to each of the petitioners and also publish a list of applicable interest payable, on its notice board. All the-petitioners are required to deposit the interest amount (and the amount shown in the demand notice, if not deposited so far) on or before 15.10.2019. On depositing of such amount, the respondent RIICO shall allot them plots, while giving plot number on order before 31.12.2019. 40. After allotment of the plots, lease deed be got executed and the possession handed over peremptorily by 31st March, 2020. 41. Needless to observe that adjudication aforesaid shall be applicable to the present petitioners only. The industrial units who have accepted the terms of the allotment and have paid the amount, will not be entitled to claim refund of the amount already deposited. 42. Presently petition, so also, those mentioned in the schedule are allowed in above terms."
(2.) The learned Single Judge while deciding the writ petitions preferred by the respondents/writ-petitioners raising common grievance and challenging common order/notice has taken into consideration the facts of S.B.C.W.P. No.14774/2018 : Hitesh Finishing v. RIICO and Ors. (SAW No.1492/2019) as a lead case and, therefore, it would be appropriate to take into consideration the facts of Hitesh Finishing's case (supra) to appreciate the controversy involved in the present appeals.
(3.) The operation of textile processing units in the residential area within the Municipal limits of towns Pali and Balotra was questioned by way of Public Interest Litigation (PIL) in D.B.C.W.P. No.759/2002 : Mahaveer Nagar Vikas Samiti v. State of Rajasthan and D.B.C.W.P. No.2481/2002 : Mahesh Pareek v. State of Rajasthan. A Bench of this Court while deciding the D.B.C.W.P. No.759/2002 vide order dated 19.03.2004 directed the RIICO to close down all the textile processing units situated in the residential area of the town and to shift the same in a newly developed industrial area. The directions issued by the Court regarding setting up of an industrial area and shifting of the textile processing units read as under: - "RIICO shall set up an industrial area at a suitable place exclusively for textile processing units. The industrial area must be located at an appropriate distance from residential areas. RIICO shall set up the industrial area within a period of six months and the industry shall be shifted to the industrial area from residential areas immediately thereafter." ;