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2010 Supreme(SC) 209

G.S.SINGHVI, B.S.CHAUHAN
Jasbir Singh Chhabra – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
P. S. Patwalia, C.A. Sundaram, Sr. Advs., Jasbir Singh Malik, Ms. Sunita Sharma, Ms. Rohini Musa, Abhishek Gupta, Safar Inayat, Anandh Kannan, S.K. Sabharwal, S.M. Jadhav, Rahul Joshi, Brij Kishor Sah, Lenin H. Hijam, M.P. Parthiba, R.K. Talwar, S.L. Aneja, Kamal Mohan Gupta, Ajay Pal, Daya Krishnan Sharma, Indeevar Goodwill, Ravinder Saini, Rajat Rahore, Jagjit Singh Chhabra, Samar Vijay Singh, Kuldip Singh and R.K. Pandey, Advocates, with them for the appearing parties.

JUDGMENT

G.S. Singhvi, J. —

1. Leave granted.

2. Whether the appellants in these appeals except the appeal arising out of SLP(C) No. 14133/2006 are entitled to allotment of residential plots in Phases VIII-A and VIII-B, Mohali, Punjab developed by the Punjab Small Industries and Export Corporation Ltd. (for short, ‘the Corporation’) and whether the State Government’s refusal to sanction change of land use from industrial to residential is vitiated by arbitrariness and malafides are the questions which arise for determination in these appeals filed against orders dated 23.9.2005 and 28.7.2006 passed by the Division Bench of the Punjab and Haryana High Court.

3. The Corporation is a government company within the meaning of Section 617 of the Companies Act, 1956. It was created for developing infrastructure necessary for industrialization of the identified areas of the State. Between 1994 and 1996, the State Government acquired land in Phases VIII-A and VIII-B, Mohali and handed over the same to the Corporation. After carrying out necessary development, the Corporation allotted the plots to industrial entrepreneurs. As there was no provision in the extant industrial policy for earmar


























































































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