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ANIL KUMAR CHOUDHARY
BMC Ferrocast Private Limited – Appellant
Versus
Adityapur Industrial Area Development Authority – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This writ petition has been filed with the prayer for issuance of an appropriate writ or writ in the nature of certiorari quashing the actions and decisions of the Respondent No.1 including the order dated 05.08.2014 passed by the Respondent no.1 by which the Respondent No.1 has not followed the Jharkhand Industrial Policy 2012 and failed to refund Rs.50,20,106/- out of 59,06,007/- paid by the petitioner to Respondent No.1 as transfer fees for the concerned plot No. M-35, Phase –IV, Industrial Area, Adityapur, Jamshedpur and secondly for issuance of an appropriate writ or a writ in the nature of Mandamus directing the Respondents to refund Rs.50,20,106/- to the petitioner and other reliefs.
3. The brief fact of the case is that the said Plot No. M-35 was allotted by the Respondent No.1 to M/s Food Marketing Centre of Xavier Labour Relations Institute. Subsequently, M/s. Conditioners India purchased the lease hold rights of M/s Food Marketing Centre of Xavier Labour Relations Institute for the concerned plot and consequently applied to Respondent No.1 for approving the said transfer of the concerned plot. The Respondent No.1 v
The court affirmed that the Jharkhand Industrial Policy 2012 applies retrospectively, allowing for a reduced transfer fee for M.S.M.E. units, and clarified that the date of the partnership agreement ....
Transfer fees cannot be levied without clear justification based on concrete policy application; a proper record examination is crucial in judicial decisions.
Thus, it is primarily for the authority concerned issuing the offer-cum-allotment letter to decide as to what terms and conditions should be incorporated. If the State or its instrumentality acts con....
The main legal point established in the judgment is that the principle of unjust enrichment is not applicable when a deposit is made without any statutory provision, as in the absence of a provision ....
existence of an alternative remedy whether adequate or not, does not alter the fundamentally discretionary nature of the High Court’s writ jurisdiction and, therefore, does not create an absolute bar....
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