- (1.) THE Petitioner -Respondent claims that he intended to get the plot No. M -10, 4th Phase, Industrial Area, Jamshedpur having an area measuring 3.4 acres which was belonging to M/s Jamshedpur Steel Private Limited and for that in furtherance to obtain the said industrial plot, the Petitioner entered into an agreement with the said M/s Jamshedpur Steel Private Limited on 29.6.2009 and obtained his deed of surrender which is in consonance with the claim made in the lease deed executed in favour of M/s Jamshedpur Steel Private Limited by Adityapur Industrial Area Development Authority(in short "AIADA") and the date of lease deed is 22.2.1996. It is submitted that the Petitioner's case for allotment of this plot was under consideration before the AIADA which is evident from annexure -6 submitted in the writ petition wherein Petitioner was informed that a decision was taken to place his case of surrender of land by M/s Jamshedpur Steel Private Limited to allot it to the Petitioner M/s Hardrock Auto Private Limited before the committee.
(2.) HOWEVER the present Appellant's case is that in term of the Clause contained in the lease deed referred above executed between M/s Jamshedpur Steel Private Limited and the AIADA, the Appellant obtained the deed of surrender on 19.9.2009 by which M/s Jamshedpur Steel Private Limited surrendered its land to AIADA. The said M/s Jamshedpur Steel Private Limited was since defaulter to the Bihar State Financial Corporation, therefore, the Appellant made payment of huge amount of Rs. 62,77,977/ -through the said defaulting party i.e. M/s Jamshedpur Steel Private Limited and the AIADA itself got the valuation of the land in question of the plot in dispute and on the basis of that valuation, the Appellant deposited Rs. 18,87,320/ -vide receipt dated 29.10.2009, copy of which has been placed on record along with the reply. Since the entire amount of the Bihar State Financial Corporation was paid, therefore, the original lease deed was given to the defaulting Company i.e. M/s Jamshedpur Steel Private Limited by the Bihar State Financial Corporation and in turn M/s Jamshedpur Steel Private Limited handed over this original lease deed to the Appellant on 7.10.2009 and the Appellant in turn deposited this lease deed with AIADA. The learned Single Judge while allowing the writ petition of the Petitioner observed that AIADA have no procedure in the matter of allotment of the industrial plot.
(3.) DURING the argument, it has been brought to our notice that AIADA was constituted under the Bihar Industrial Areas Development Authority Act, 1974 and it is also brought to our notice that they are under the Bihar Industrial Area Development Authority Rules, 1981 also.;