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2011 Supreme(Jhk) 250

R.K.MERATHIA
Sanderson Industries Ltd. – Appellant
Versus
Adityapur Industrial Area Development Authority – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. N.K. Pasari.
For the Respondent No.1: Mr. Manjul Prasad.
For the Respondent No. 3: Mr. A.K. Das.

Order

Heard the parties finally.

2. Mr. Pasari, learned counsel appearing for the petitioner, submitted as follows. 5.92 acres of land was leased to the petitioner in the year 1985. Thereafter for expansion, another piece of adjoining 8 acres of land was allotted to it in the year 1993, possession of which was given and expansion was carried out, but formal agreement was not entered into. In 1998, due to some dispute between the petitioner and TISCO, the leased land was attached and therefore, the petitioner could not carry out expansion work also. In the judgment of the Patna High Court in the case of Deepak Paints (P) Ltd. vs. The State of Bihar [2008(2) PLJR 293], it has been held that the Managing Director has got no power to cancel the leased land. In view of the judgment of the Patna High Court in the case of The Gait Public Library and Institute VS. The State of Bihar [1995(1) PLJR 585], for cancellation of the leased land, AIADA could at best file a civil suit. But the Managing Director alone has cancelled the leased land as well as the allotted land by the impugned order dated 5.9.2007, and that too without giving opportunity of hearing to the petitioner.

3. Mr. Manjul Prasa














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