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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Eagle Granite Fatuha Industrial Area, Phase II, (D-19 and D-17 Part) through its Proprietor, Mrs. Dolly Banerjee – Appellant
Versus
State of Bihar through the Principal Secretary, Department of Industries, Govt. of Bihar, Patna – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
1. This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.
2. This writ application has been filed by M/S Eagle Granite, Fatuha Industrial Area, through its proprietor seeking quashing of an order dated 06.03.2020 passed by the Secretary, Department of Industries, Government of Bihar, in Appeal Case No. 06 of 2019, whereby the petitioner’s appeal against an order dated 29.01.2019 passed by the Managing Director, Bihar Industrial Area Development Authority (in short ‘BIADA’), has been rejected. The petitioner has also put to challenge the said order dated 29.01.2019 passed by the Managing Director, BIADA.
3. It is an admitted case of the petitioner that she is widow of one late Amalesh Banarjee who was allotted 20,000/-square feet plot of land in the industrial by the BIADA for establishing granite marble industry in terms of an allotment letter dated 17.07.1990.
4. It is the petitioner’s case that though a marble industry was established over the said plot, the allottee Amalesh Banarjee suddenly died on 12.09.2004. The petitioner asserts that after demise of her husband, the petitio
Failure to utilize allocated industrial land justifies its cancellation under statutory provisions.
Compliance with undertaking and consequences of breaching it are crucial in the disposal of the petition.
The court upheld the cancellation of land allotment due to the petitioner's non-utilization for over twenty years, reinforcing authority's jurisdiction under the BIADA Act, 1974 and its amendments.
An auction purchaser has the right to change the industrial purpose of the land without being bound to the original allottee's industry type, as per relevant laws.
The court established that under the Bihar Industries Commercial Policy, 2016, authorities must consider unavoidable circumstances affecting compliance with allotment conditions and allow for opportu....
The court emphasized that passing of an order of cancellation of allotment was not mandatory on violation of the conditions of allotment letters, and that the petitioner's substantial compliance with....
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