- (1.) Heard learned counsel for the parties. The writ petitioner-respondent No. 4, M/s. Hardrock Fabrication Private Limited, having its registered office at Phase-VI, Plot No. A-33/34 (P), Jamshedpur applied for the allotment of a piece of land which is Plot No. M-10. situated at IVth Phase, Adityapur Industrial Area having an area measuring 3.48 acres which was earlier allotted by the respondent Adityapur Industrial Area Development Authority to the M/s. Jamshedpur Steel Private Limited. The petitioner's contention is that, it obtained a surrender deed from the said M/s. Jamshedpur Steel Private Limited and, thereafter, his case was considered for allotment of the land by the Adityapur Industrial Area Development Authority (in short-AIADA) and even after payment of more than Rs. 80 Lakhs to the M/s. Jamshedpur Steel Private Limited and after taking proceedings for allotment of the land to writ petitioner respondent No. 4, on 22.10.2009, the lease granted in favour of the M/s. Jamshedpur Steel Private Limited, was illegally cancelled by the AIADA. The petitioner, therefore, preferred the writ petition to challenge the order dated 21.10.2009 cancelling the lease of M/s Jamshedpur Steel Private Limited, and also sought relief in the form of direction to allot the said piece of land in favour of the writ petitioner.
(2.) The present appellant was the non-petitioner in the writ petition and his case was that before the writ petitioner obtained the deed of surrender from the said M/s. Jamshedpur Steel Private Limited the said non-petitioner/appellant obtained the surrender deed from the same M/s. Jamshedpur Steel Private Limited on 29.6.2009 and his project of establishment of industrial unit was already approved by the AIADA and the writ petitioner, who are three in numbers, out of whom the writ petitioner Nos. 2 and 3 had no project at all. they became rival claimants for the proper. According to non-petitioner/appellant, the appellant was entitled to allotment of the said piece of land.
(3.) Learned single Judge after considering the rival contentions found that AIADA is lessor of the plot of land in question and it allotted the land to Jamshedpur Steel Pvt. Ltd., the non-petitioner No. 4 of the writ petition, who is respondent No. 7 in the L.P.A. and lease of Jamshedpur Steel was cancelled by order dated 21.10.2009, but AIADA has no legal procedure and the criteria for allotment of land and if there are five on six industrial units to go through scrutiny process of approval for projects of such units, then AIADA has no fixed criteria as to whom the plot should be allotted. In view of the above, learned Single Judge proceeded to issue following directions, which are in sub-para (V) of para 9, which is quoted as under : (V) I, therefore, direct respondent No. 2 as under : (a) Initially, advertisement will be given in three newspapers having wide circulation, inviting applications from industrial units, who are in need of the plot in question, i.e. M-10, 4th Phase. Industrial Area, Jamshedpur, along with area required, complete project report along with Map, proposed investment in the establishment of the unit, no objection certificate from pollution control board, chartered accountant's report and such other relevant details, which are thought fit by respondent No. 2. (b) Reserved price for the plot in question will be fixed by the respondent No. 2, which will be published while inviting applications from the industrial units. (c) These applications will be considered by respondent No. 2 by appointing proper committees, like Project Approval Committee or Land Approval Committee or such other committees constituted by respondent No. 2 and the list of industries which get through the scrutiny process, will be prepared. (d) After preparing aforesaid list, public auction will be held from amongst the aforesaid short listed industries. (e) The industrial unit, which is offering the highest price for the land in question, will be allotted the plot, in question. (f) So far time limit is concerned, respondent No. 2 is directed as under : (i) Publication of notice inviting applications from the industrial units will be made within a period of four weeks. (ii) Scrutiny of the applications will be made by respondent No. 2 or by the committees appointed by the respondent No. 2 within a further period of four weeks and thereafter, (iii) within a further period of 6 weeks the auction process will be completed. (g) The aforesaid guideline is given by this Court because respondent No. 2 has no fixed procedure to be followed for allotment of industrial plots. The aforesaid arrangement will be continued till the exact procedure for allotment of the industrial plots will be finalized by respondent No. 2. (h) The aforesaid procedure will be valid for the plot in question, i.e. M-10, situated at 4th Phase, Industrial Area, Jamshedpur, District East Singbhum, and measuring 3.48 acres.;