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K. VINOD CHANDRAN, RAJIV ROY
Poonamika Foods (India) Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent
K. Vinod Chandran, CJ.—Heard the parties.
2. The present writ application has been filed for the following reliefs:—
(i) for issuance of a writ, order or direction in the nature of writ of certiorari for quashing order dated 01.11.2022 passed in Appeal No. 226/2022 passed by the Principal Secretary, Department of Industries, Bihar, Patna (Respondent No. 2) whereby and whereunder the appeal preferred against order dated 27.08.2022 contained in memo no. 77/D passed by the Deputy General Manager, Hajipur Cluster, Bihar Industrial Area Development Authority (BIADA), Hajipur Cluster Industrial Area, Hajipur, Vaishali (Respondent No. 7) cancelling the allotment of Industrial Plot No. B-16P, 17 and 18P at Industrial Area, Hajipur granted to Petitioner has been upheld;
(ii) for issuance of a writ, order or direction in the nature of writ of certiorari for quashing order dated 27.08.2022 contained in memo no. 77/D passed by the Deputy General Manager, Hajipur Cluster, Bihar Industrial Area Development Authority (BIADA), Hajipur Cluster Industrial Area, Hajipur, Vaishali (Respondent No. 7) whereby and whereunder the allotment of Industrial Plot No. B-16P, 17 and 18P at Industrial Area, Hajipur
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.
Failure to utilize allocated industrial land justifies its cancellation under statutory provisions.
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....
The court emphasized that failure to comply with payment directives, as mandated by public notice, results in cancellation of allotment, and timely action to enforce rights is critically important.
Non-compliance with lease conditions and non-utilization of allotted land can justify the cancellation of the lease by the authority.
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