- (1.) Heard the parties finally.
(2.) Mr. Pasari, learned Counsel appearing for the Petitioner, submitted as follows. 5.92 acres of land was leased to the Petitioner in the year 1985. Thereafter for expansion, another piece of adjoining 08 acres of land was allotted to it in the year 1993, possession of which was given and expansion was carried out, but formal agreement was not entered into. In 1998, due to some dispute between the Petitioner and TISCO, the leased land was attached and therefore, the Petitioner could not carry out expansion work also. In the judgment of the Patna High Court in the case of Deepak Paints (P) Ltd. v. The State of Bihar,2008 2 PLJR(SC) 293, it has been held that the Managing Director has got no power to cancel the leased land. In view of the judgment of the Patna High Court in the case of The Gait Public Library and Institute v. The State of Bihar,1995 1 PLJR(SC) 585, for cancellation of the leased land, AIADA could at best file a civil suit. But the Managing Director alone has cancelled the leased land as well as the allotted land by the impugned order dated 5.9.2007, and that too without giving opportunity of hearing to the Petitioner.
(3.) Mr. Manjul Prasad, learned senior counsel appearing for the Respondent No. 1-AIADA, submitted as follows. The Petitioner did not use the 08 acres allotted land. An appeal being LPA No. 353 of 2008 is pending before the Patna High Court, though there is no order of stay of the judgment passed in the case of Deepak Paints (Supra). He relied on the judgment of Hindustan Tin Box Industry v. Adityapur Industrial Area Development Authority delivered on 16.04.2002 in LPA No. 155 of 1996 (R) and submitted that Authority had power to cancel the lease in terms of the provisions of Section 6(2)(a) of the Industrial Area Development Authority Act, 1974 (hereinafter to be referred as 'Act'). Section 3(4) of the Act was not taken into consideration in the case of Deepak Paints (Supra) under which the Managing Director was authorized to perform any other duty that may be assigned by the authority or the State Government from time to time. He also relied on the minutes of the meeting of the Board of Director of AIADA held on 24.12.2008.;