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NITIN JAMDAR, S. MANU
Mothers Agro Foods (P) Ltd. – Appellant
Versus
General Manager District Industries Centre – Respondent
JUDGMENT
Nitin Jamdar, C.J.
The Appellant is the Original Petitioner, who had filed the writ petition challenging the order passed by Respondent No. 1 – the General Manager, District Industries Centre, Ernakulam, to resume the land allotted to the Petitioner in the Industrial Development Area of Angamaly. The writ petition having been dismissed, the Appellant is before us with this Appeal under Section 5 of the Kerala High Court Act, 1958.
2. The Appellant was allotted land, which had an extent of 1.46 acres, in Survey Nos. 448/1 and 448/2 of Nedumbassery Village, in the Industrial Development Area at Angamaly, Ernakulam district, by Respondent No.1 – General Manager of District Industries Centre (Referred as Department), on 23 July 2003, for establishing a unit for the manufacture of rice and rice bran. According to the Appellant, when the Appellant sought consent from the State Pollution Control Board, the Pollution Control Board, by communication dated 19 October 2006, informed the Appellant that the unit could not be allowed to be established in the absence of an effluent treatment plant. The Appellant needed two more acres of land for the effluent treatment
The court ruled that resumption of industrial land must consider actual utilization for intended purposes, rejecting technical approaches that undermine industrial growth.
The authority's decision to resume and re-allocate land was upheld, emphasizing adherence to natural justice and proper jurisdiction under the relevant rules.
Petitioners cannot assert rights for land allotments when their claims are contingent on another party's pending applications, especially after such approvals have expired.
Resumption of industrial plot for non-fulfilment of terms and conditions of allotment is justified.
The judgment established the importance of environmental laws and the requirement to protect and improve the environment. It emphasized that decisions regarding land allotment should be made with pro....
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