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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Rajat Sales Agency, Through Its Proprietor Vimal Kumar S/o Shri Loon Chad Salecha – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 1311 of 2022, S.B. Civil Writ Petition No. 1311 of 2022, S.B. Civil Writ Petition No. 1219 of 2022, S.B. Civil Writ Petition No. 1314 of 2022, S.B. Civil Writ Petition No. 1532 of 2022, S.B. Civil Writ Petition No. 2258 of 2022, S.B. Civil Writ Petition No. 2261 of 2022, S.B. Civil Writ Petition No. 2264 of 2022, S.B. Civil Writ Petition No. 2300 of 2022, S.B. Civil Writ Petition No. 2563 of 2022, S.B. Civil Writ Petition No. 5449 of 2021, S.B. Civil Writ Petition No. 6069 of 2021, S.B. Civil Writ Petition No. 6135 of 2021, S.B. Civil Writ Petition No. 6351 of 2021, S.B. Civil Writ Petition No. 6354 of 2021, S.B. Civil Writ Petition No. 6474 of 2021, S.B. Civil Writ Petition No. 6475 of 2021, S.B. Civil Writ Petition No. 6790 of 2021, S.B. Civil Writ Petition No. 9975 of 2021, S.B. Civil Writ Petition No. 9981 of 2021, S.B. Civil Writ Petition No. 9994 of 2021, S.B. Civil Writ Petition No. 12208 of 2021, S.B. Civil Writ Petition No. 13675 of 2021, S.B. Civil Writ Petition No. 13693 of 2021, S.B. Civil Writ Petition No. 4895 of 2022, S.B. Civil Writ Petition No. 16361 of 2022, S.B. Civil Writ Petition No. 3013 of 2023, S.B. Civil Writ Petition No. 3783 of 2021, S.B. Civil Writ Petition No. 6272 of 2021, S.B. Civil Writ Petition No. 10335 of 2021, S.B. Civil Writ Petition No. 2341 of 2022, S.B. Civil Writ Petition No. 921 of 2011, S.B. Civil Writ Petition No. 11443 of 2011, S.B. Civil Writ Petition No. 11534 of 2011, S.B. Civil Writ Petition No. 13162 of 2012, S.B. Civil Writ Petition No. 13163 of 2012, S.B. Civil Writ Petition No. 13164 of 2012, S.B. Civil Writ Petition No. 2594 of 2014, S.B. Civil Writ Petition No. 3526 of 2015, S.B. Civil Writ Petition No. 15331 of 2017, S.B. Civil Writ Petition No. 15340 of 2017, S.B. Civil Writ Petition No. 15443 of 2017, S.B. Civil Writ Petition No. 15444 of 2017, S.B. Civil Writ Petition No. 15600 of 2017, S.B. Civil Writ Petition No. 1740 of 2018, S.B. Civil Writ Petition No. 7272 of 2018, S.B. Civil Writ Petition No. 7275 of 2018, S.B. Civil Writ Petition No. 11201 of 2018, S.B. Civil Writ Petition No. 12023 of 2018, S.B. Civil Writ Petition No. 12092 of 2018, S.B. Civil Writ Petition No. 12118 of 2018, S.B. Civil Writ Petition No. 12136 of 2018, S.B. Civil Writ Petition No. 17397 of 2018, S.B. Civil Writ Petition No. 17409 of 2018, S.B. Civil Writ Petition No. 17411 of 2018, S.B. Civil Writ Petition No. 19149 of 2018, S.B. Civil Writ Petition No.2320 of 2022, S.B. Civil Writ Petition No. 3831 of 2013, S.B. Civil Writ Petition No. 5101 of 2013, S.B. Civil Writ Petition No. 7558 of 2013, S.B. Civil Writ Petition No. 8369 of 2013, S.B. Civil Writ Petition No. 8539 of 2013, S.B. Civil Writ Petition No. 9144 of 2013, S.B. Civil Writ Petition No. 3177 of 2014, S.B. Civil Writ Petition No. 7504 of 2015, S.B. Civil Writ Petition No. 8330 of 2016, S.B. Civil Writ Petition No. 10046 of 2016, S.B. Civil Writ Petition No. 10305 of 2016, S.B. Civil Writ Petition No. 5332 of 2021, S.B. Civil Writ Petition No. 6110 of 2021, S.B. Civil Writ Petition No. 8407 of 2021, S.B. Civil Writ Petition No. 9411 of 2021, S.B. Civil Writ Petition No. 2028 of 2022, S.B. Civil Writ Petition No. 10653 of 2023, S.B. Civil Writ Petition No. 17709 of 2022, S.B. Civil Writ Petition No. 11020 of 2023, S.B. Civil Writ Petition No. 10859 of 2023, S.B. Civil Writ Petition No. 10999 of 2023, S.B. Civil Writ Petition No. 11004 of 2023, S.B. Civil Writ Petition No. 11757 of 2023, S.B. Civil Writ Petition No. 1615 of 2022, S.B. Civil Writ Petition No. 1470 of 2022, S.B. Civil Writ Petition No. 2322 of 2022, S.B. Civil Writ Petition No. 2270 of 2022, S.B. Civil Writ Petition No. 10709/2023, S.B. Civil Writ Petition No. 6887 of 2015, S.B. Civil Writ Petition No. 11780 of 2021
Decided on : 31-08-2023
Allotment of industrial plots - Shifting of industries - Petitions to allotment of industrial plots whereby directions were issued for shifting of existing industries situated in non-conforming areas/municipal areas - Held, Survey by concerned municipal body was important component for purpose of shifting of industries in question, and that, for consideration for allotment of industrial plots in question, concerned industries must have their existence in non-conforming areas; therefore, due since such pre-condition was not duly fulfilled by petitioners, which resulted into non-inclusion of their names in survey list in question, therefore, impugned action of respondents is justified in law - Court further observes that advertisement was not under consideration as same was rejected/ returned in meeting by Committee, which comprised of members of higher posts, from various Government Departments, and therefore it cannot be said that any arbitrary and illegal action was taken by said Committee - Court does not find it a fit case so as to grant any relief to petitioners in present petitions - Petitions are dismissed.
JUDGMENT :
1. Though the present petitions were heard separately and on different dates, but looking into the commonality of the issues involved in all the present petitions, notwithstanding the marginal variation in the contextual facts, they are being decided by this common judgment.
1.1. The instant petitions pertain to allotment of industrial plots by the Rajasthan State Industrial Development And Investment Corporation Limited (RIICO), in lieu of shifting of the industries, in compliance of the directions issued by a Division Bench of this Hon’ble Court in D.B. Writ Petition (PIL) No.2481/2002 (Mahesh Pareek Vs. State of Rajasthan & Ors., decided on 02.04.2004), whereby directions were issued for shifting of the existing industries situated in the non-conforming areas/municipal areas of Balotra and Pali districts (Rajasthan).
1.2. In pursuance of the same, a survey was conducted under the directions of the concerned authorities, whereupon a survey list was prepared showing that certain industrial units were found functional in the non-conforming areas of Balotra and Pali districts. Thereafter, it was decided, as a mandatory measure, that those industrial units whose names have been mentioned in the survey list and applies accordingly, in pursuance of the concerned advertisement(s), shall be considered for the allotment of the industrial plots in question, subject to mandatory production of the documents, as mentioned in the said advertisement(s).
1.3. However, the aforementioned process, as regards the districts of Balotra & Pali, in particular, gave rise to twin issues. The said twin issues relating to the said districts, which fall for consideration of this Court in the present petitions, read as under:
(a) Certain industrial units, whose names though figured in the survey list, but have not been considered for allotment of the industrial plot(s) in question.
(b) Certain industrial units, whose names, neither figured in the survey list, nor they have been considered for allotment of the industrial plot(s) in question.
2. For the purpose of the present analogous adjudication, this Court considers it appropriate to draw the outline thereof, by mentioning, in the present judgment, the factual matrix pertaining to the districts of Balotra and Pali (Rajasthan), separately; likewise, the submissions advanced on behalf of the parties and the observations of this Court, shall also be drawn separately.
2.1. However, prior thereto, it is considered appropriate to reproduce the prayer clauses of the said two writ petitions, covering, in sum and substance, the reliefs, as claimed in all the instant petitions, as hereunder:
S.B. Civil Writ Petition No.1311/2022:
“It is, therefore, most humbly and respectfully prayed that this Writ Petition of the petitioner may kindly be accepted and:-
(i) By an appropriate writ, order or direction, the impugned rejection order dated 13.05.2017 (Annexure-18) as far as rejection of candidature of petitioner firm for allotment of industrial plot is question may kindly be quashed and set aside and consequence thereof the application for allotment of industrial plot made by the petitioner firm (Annexure10) may kindly be allowed and the respondent authority R.I.I.C.O. may kindly be directed to allot the industrial plot in favour of the petitioner firm forthwith at rate prevailing on the date of making application.
(iii) any other order or direction, which this Hon’ble Court deem just and proper be passed in favor of the petitioner firm.
(iv) Costs of this writ petition may kindly be awarded to the petitioner firm.”
S.B. Civil Writ Petition No.1311/2022:
“It is, therefore, most humbly and respectfully prayed that this writ may kindly be allowed and by a writ of mandamus or any other appropriate writ, order and directions:
(i) The e-auction notice dated 03.03.2021 (Annexure-7) may kindly be declared illegal and be quashed and set aside, to the extent, it propose to make allotment of 10 industrial plot situated in Punayat
SupremeToday
The court emphasized the legal principles related to the disposal of public properties, legitimate expectations, and the authority's discretion in allotment decisions.
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.
The court upheld the resumption of industrial land due to the failure of the allottee to operate business while recognizing the need for orderly reallocation based on seniority among competing claima....
Minor discrepancies in names should not prevent rightful heirs from being recognized as applicants for industrial plot allotment, and all relevant documents must be considered by the authority.
A binding contract came into existence between the petitioner and the DSIIDC upon issuance of the allotment letter, and the DSIIDC could not unilaterally cancel the allotment.
The court ruled that no vested right to specific plot allotment existed, validating alternative plot provisions under the law.
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