The court ruled that RIICO lacked authority to deny document release or land use conversion approvals without state government consent, reaffirming that JDA's prior permissions were valid.

ORDER :

REKHA BORANA, J.

1. The facts are that the petitioner Company purchased plot No.4 situated in Light Industrial Area, Jodhpur vide a registered sale-deed. Initially the residential (free hold) patta of the land was issued by then Development Department, Government of Marwar on 16.07.1949 to one Abhay Kumar. Subsequently Abhay Kumar surrendered the land in favour of Government of Rajasthan and in lieu thereof a lease deed was issued by State of Rajasthan in favour of M/s. Life Time Product Corporation of which Abhay Kumar was one of the partners. The said lease deed was executed on 23.02.1970 by State of Rajasthan through its competent authority.

2. M/s. Life Time Product Corporation took a loan from Rajasthan Financial Corporation (for short ‘RFC’) and on failure to repay the loan, RFC took possession of the entire mortgaged assets of the company and put it to auction. M/s. Bright Metals Jodhpur being the highest bidder was sold the complete plant and machinery of the company.

3. The present petitioner-Company is purchaser of the land in question from the partners of M/s. Bright Metals Jodhpur.

4. Rajasthan State Industrial Development and Investment Corporation Limited (RIICO) was established in year 1979 and the land in question was transferred by State of Rajasthan alongwith other light industrial area to RIICO for maintenance of the said area.

5. However, prior to sale of the land to the petitioner company, M/s Bright Metals Jodhpur applied for conversion of land use from industrial to residential. The same was done as certain complaints were made by the residence of the vicinity qua the noise and chemical pollution arising out of the manufacturing of the steel re- rolling sheets in the premise. Certain directions to the said effect were also issued in one PIL namely Mahendra Lodha vs. State of Rajasthan ; D.B. Civil Writ Petition No.6073/1993 and in the overall scenario, the production unit of M/s Bright Metals was closed down. The area in question too became thickly populated and hence, permission for conversion of the land use of the plot in question from industrial to residential was sought by M/s Bright Metals from RIICO. However, the said application stood rejected on the count that there was no policy/rule in the Disposal Rules of RIICO to allow change of land use of the allotted industrial plot for residential purposes

6. In the said event, application dated 30.12.2011 was moved by M/s Bright Metal before the Jodhpur Development Authority (JDA).

7. In pursuance to the said application, after complete process been adopted, the Empowered Committee of JDA, in its meeting dated 13.08.2013, resolved to permit the conversion of land from industrial to residential. In pursuance to the said resolution, complete charges/requisite fee was deposited by the company and even the Gazette Notification of the same was made on 18.09.2013.

8. M/s Bright Metals then requested the competent authority of RIICO to release the original lease deed, sale-deed and the original documents pertaining to the plot in question to it as the same were handed over to RIICO by Indus Ind Bank Ltd. from whom M/s. Bright Metals had taken a loan. The loan was repaid by the firm but the documents remained in possession of RIICO. However, RIICO declined to hand over the said original documents to M/s. Bright Metals and the said inaction is the bone of contention in the present petition.

9. The