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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN
Chhipa Abdul Gafoor Ibrahim – Appellant
Versus
Rajasthan State Industrial and Investment Corporation Ltd. – Respondent
JUDGMENT :
1) The present writ petition has been filed challenging the resolution/minutes of meeting dated 29.08.2024 and the communication dated 03.09.2024, whereunder the request of the petitioners for allotment of industrial plot in the newly established industrial area at Punayata, Distt. Pali was rejected.
2) The case of the petitioners is that their father, Chhipa Abdul Gaffur Ibrahim, had established a textile unit in the name and style of M/s. Chhipa Abdul Gaffur Ibrahim on Plot No. A/67, Sumerpur Road, Pali. This textile unit had been continued to run until it was closed as per directions of the Division Bench of this Court in D.B. Civil Writ Petition (PIL) No. 759/2002 (Mahaveer Nagar Vikas Samiti, Pali vs. State of Rajasthan & Ors.), decided on 09.03.2004. In that judgment, the Court directed RIICO to establish a new industrial area at a suitable location, exclusively for textile processing units, away from residential areas. Additionally, industries located within residential areas were ordered to be shifted to the newly established industrial area. In pursuance of such directions, the first respondent established a new industrial area in Punayata, Distt. Pali. The RIICO
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.
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 emphasized the legal principles related to the disposal of public properties, legitimate expectations, and the authority's discretion in allotment decisions.
The allotment of industrial land must adhere to established priority rules, ensuring fairness and transparency in the distribution of state resources.
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 resumption of industrial land must consider actual utilization for intended purposes, rejecting technical approaches that undermine industrial growth.
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