S. Chandrashekhar, J. - (1.) I.A. No. 3558 of 2007
(2.) THE present application has been filed seeking impleadment of respondent No. 6 -intervenor in the matter. For the reasons stated in the application, I.A. No. 3558 of 2007 is allowed. Let necessary correction be carried out during the course of the day. W.P.(C) No. 2138 of 2006 Seeking quashing of order dated 31.10.1994, 20.12.2005 and 21.01.2006, the present writ petition has been filed. The brief facts of the case are that, the petitioner -Company namely, M/S Sripada Engineering Paper Company is a Small Scale Industry which applied for allotment of land for establishing its factory for manufacture of Special Coated papers and Ammonia papers. The petitioner -Company was allotted Plot No. NS 27 and NS 28 (Part) measuring an area of 7500 Sq. ft. in the Industrial Area Adityapur, Phase -I and the possession of the same was delivered on 13.12.1988. A registered lease deed was executed on 25.04.1989 for 99 years. The petitioner -Firm applied for loan for the project which was costing Rs. 30.67 Lacs and a sum of Rs. 20.52 Lacs was sanctioned by the Bihar State Financial Corporation however, the sanctioned amount was not disbursed to the petitioner -Company on the ground that the Corporation was undergoing financial crisis. A show -cause notice was issued to the petitioner on 01.07.1991 which was replied by the petitioner discussing reasons for not starting the project. An additional area of 3500 Sq. ft. of land was sanctioned by the respondent -AIADA thereafter and, the possession of the same was delivered on 20.05.1992. Another show -cause notice was issued on 04.11.1993, to which the petitioner replied on 01.12.1993 however, vide order dated 31.10.1994 the allotment was cancelled by respondent -AIADA. The petitioner submitted a representation on 04.11.1994 disclosing its difficulties and seeking permission of the respondent -AIDA to induct a financial partner for setting up a Mineral Grinding and Beneficiation Plant. The respondent -AIADA invited the petitioner for discussion and approved induction of a financial partner. The petitioner was directed to submit a project report vide letter dated 09.07.1996 which was submitted by the petitioner and fee was also deposited for regularisation of the allotment. Though, the representations dated 12.08.1999, 17.08.2000, 14.05.2003 and 16.08.2005 of the petitioner remained pending, vide order dated 03.10.2005 a direction was issued for taking possession of the land allotted to the petitioner. The petitioner challenged order dated 03.10.2005 by preferring appeal which was allowed vide order dated 19.10.2005 and a direction was issued to the Managing Director -respondent No. 4 to pass a fresh order after hearing the petitioner. In compliance of order dated 19.10.2005, the Managing Director passed order dated 20.12.2005 directing the petitioner and its managing financial partner to vacate the land in question. Aggrieved, the petitioner preferred appeal before the Secretary, Department of Industries, Government of Jharkhand -respondent No. 2 and the same has been dismissed vide order dated 21.01.2006.
(3.) A counter -affidavit has been filed on behalf of respondent No. 2 stating that the petitioner failed to make use of the land within stipulated period and therefore, the lease executed in its favour has been cancelled. A separate affidavit has been filed on behalf of respondent Nos. 3 -5 stating that the project for manufacturing of Special Coated Papers and Ammonia papers was approved in December, 1988 however, the plant was never set up by the petitioner and therefore, a show -cause notice dated 04.11.1993 was issued to the petitioner. It is stated that the petitioner could not set up the industry for more than five years and the respondent -AIADA could not have waited for an entrepreneur to set up its unit for indefinite period, and therefore, vide order dated 31.10.1994 allotment in favour of the petitioner was cancelled. The petitioner never submitted project report rather, one M/S Rewa Impexo wanted allotment of land and it continued to illegally occupy the land for which the allotment was already cancelled. Though, the partnership deed indicates that the partnership business would continue in the name of Sripada Engineering Paper Company however, the application for allotment was made by M/S Rewa Impexo which continued to illegally occupy the land and therefore, it is liable to be evicted.;