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1999 Supreme(Del) 56

A.D.SINGH
INDO GULF EXPLOSIVES LIMITED – Appellant
Versus
UPSIDC – Respondent


Advocates Appeared:
M.K.Garg, P.N.LEKHI, Shil Sethi

Anil Dev Singh, J.

( 1 ) THE first petitioner is a Company set-up for the purposes of manufacturing industrial explosives. Dr. S. K. Garg is the Chairman-cum-Managing Director of the first peti- tioner. At the request of the first petitioner, the second respondent - the State of Uttar Pradesh, decided to hand over 50 acres of land to the former on lease and 656 acres on licence basis in Villages Prithvipura, Nayakhera, and Koti, Pargana and Tehsil Jhansi, Distt. Jhansi, in the State of Uttar Pradesh. While 50 acres of land was required for set- ting up of the factory for manufacture of explosives, the remaining land was required to fulfil the requirements of Indian Explosives Act, 1884 and the rules framed thereunder for the purposes of a safety zone of 760 metres radius around the factory. The first petitioner in the project was to be assisted by Pradeshiya Industrial and Investment Corporation of Uttar Pradesh (for short picup ) and the first respondent - Uttar Pradesh State Industrial Development Corporation (for short upsidc ). The terms and conditions on which the sec- ond respondent accorded permission to the first petitioner to set up the industrial unit were as follows :



















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