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2025 Supreme(Online)(P&H) 1640

HIGH COURT OF PUNJAB AND HARYANA
M/S SIEL INDUSTRIAL ESTATE LTD – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
CWP 2324 / 2025



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

Reserved on : 09.04.2025 Pronounced on : 06.05.2025

Sr. No. Case Number Title of the case
1. CWP-2324-2025 M/S SIEL INDUSTRIAL ESTATE LTD. VS. STATE OF PUNJAB AND OTHERS
2. CWP-2445-2025 M/S BODAL CHEMICALS LIMITED VS STATE OF PUNJAB AND OTHERS
3. CWP-4572-2025 M/S AJANTA CHEMICAL INDUSTRIES VS STATE OF PUNJAB AND OTHERS
4. CWP-4600-2025 M/S SHHIVTEK PLASTICISER PRIVATE LTD Vs STATE OF PUNJAB AND OTHERS
5. CWP-4603-2025 M/S FLOW TECH CHEMICALS PVT LTD Vs STATE OF PUNJAB AND OTHERS
6. CWP-4671-2025 M/S SUPREME PLASTO CHEM Vs STATE OF PUNJAB AND OTHERS
7. CWP-4748-2025 M/S SURYA AIR PRODUCTS PRIVATE LTD Vs STATE OF PUNJAB AND OTHERS
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. Chetan Mittal, Senior Advocate Mr. Ashwani Chopra, Senior Advocate with Mr. Tarun Seth, Advocate Mr. Abhishek Arora, Advocate Ms. Ananya Walia, Advocate Mr. Kunal Mulwani, Advocate Mr. Vidul Kapoor, Advocate Mr. Udit Garg, Advocate Ms. Shifali Goel, Advocate Ms. Ridhima Khindria, Advocate Ms. Sanchita Jain, Advocate Mr. Ritvik Garg, Advocate for the petitioner (in CWP-2324-2025). Mr. Puneet Bali, Senior Advocate with Mr. Deepak Jain, Advocate, Mr. Gagandeep Singh, Advocate for the petitioner(s)

(in CWP-2445-2025).

Mr. R.S.Bains, Senior Advocate with Mr. Sarabjot Singh Cheema, Advocate Mr. Anmoldeep Singh, Advocate Mr. Inderpal Singh Deol, Advocate (for the land losers concerned).

Mr. Deepak Jain, Advocate for the petitioner(s) (in CWPs No.4572, 4600, 4603, 4671 and 4748 of 2025).

Mr. Maninderjit Singh Bedi, Advocate General, Punjab Ms. Anu Chatrath, Senior Additional Advocate General, Punjab.

Mr. Maninder Singh, Sr. Deputy Advocate General, Punjab.

Mr. Shekhar Verma, Additional Advocate General, Punjab Mr. Ratik Chatrath Kapur, Advocate for respondent – GMADA/PUDA. Mr. Jatinder Singh Gill, Advocate for the respondents-PUDA in all the cases.

****

SURESHWAR THAKUR , J .

1. Since all the writ petition(s) involve common questions of facts and law, besides when a common order dated 03.01.2025 becomes impugned in all the writ petition(s), therefore, they all are amenable to be decided through a common verdict.

2. The relevant portions of the order dated 03.01.2025 become extracted hereinafter. For emphasis the conspicuous contents thereof become underlined.

“xxxxx

8. The detailed representation of M/s SIEL dated 27.11.2024 and contentions raised by authorized representatives of M/s SIEL during the course of personal hearing on 28.11.2024 have been considered in the light of facts on record. The issue to be decided by the undersigned is whether to terminate the MoU under the present circumstances or not?

9. After consideration of the representation of M/s SIEL dated

27.11.2024 and contentions raised by M/s SIEL during the course of personal hearing on 28.11.2024, the contentions are rejected due to the following reasons:-

I. As per letter dated 12782-A of 24.09.2018 of the Land Acquisition Collector, Industries and Commerce Department, Punjab, clear and un-encumbered possession of land was handed over to M/s SIEL on 05.10.2011. The Department of Industries and Commerce vide its letter no. 4936-B dated 24.06.2014 had intimated M/s SIEL that Hon'ble Punjab and Haryana High Court had disposed off writ petition qua challenge to land acquisition vide its order dated 5th of October, 2011. Therefore the period of 10(ten) years for development of the industrial Estate begins from 5th of October 2011 and ends on 04 10.2021 for completion of project. II. With regard to the trespassing of the land by 'Ujara Roko Sangharsh Committee' is concerned it was an issue of law and order and has nothing to do with the possession of the land, M/s SIEL was free to make a request to the District Administration or the Police Department for any help in regard. The representation of the M/s SIEL refers that the company has already lodged an FIR, t

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