M/S Jk Lakshmi Cement Ltd. v. The State Of Bihar Through Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17185 of 2021 ====================================================== M/s JK Lakshmi Cement Ltd., Industrial Area, Bheriyadangi, Kishanganj having its administrative office at Nehru House - 4, Bahadur Sah Zafar Marg, New Delhi - 110002 through its Power of Attorney Holder namely Sri Ram Ratan Gupta, aged about 72 yrs, male Sr. Vice President (Accounts and Commercial) of the company, son of Late Satyanarayan Gupta, resident of A4/304, Printers Apartment, Sector - 13, Rohini, Delhi - 110085. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Department of Industries, Government of Bihar, Patna.

2.

The Bihar Industrial Area Development Authority through Managing Director, Udyog Bhawan, Gandhi Maidan, Patna. 3.

The Appellate Authority - cum- Additional Chief Secretary, Department of Industries, Bihar, Patna.

4.

Executive Director, Bihar Industrial Area Development Authority, Patna. 5.

Executive Director, Regional Office, Industrial Area, BIADA, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Jha, Advocate For the Respondent/s :

Mr. Abbas Haider, SC-6 Mr. Piyush Lall, Advocate Mr. Devesh Shankaran, Advocate Mr. Pankaj Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.)

2/5 ======================================================= Date : 22-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

3/5 Prima facie, we are of the view that the petitioner ought to have established the Industrial Unit on the site allotted by BIADA. We also notice that since the year 2011 onwards, petitioner has been simply litigating before different foras and not even a brick has been laid for establishment of the Unit. Today, learned counsel for the petitioner states that petitioner is ready and willing to establish the Unit within a time bound period, but, however, the site allotted in DistrictKishanganj is not suitable, and as such, some alternate site in another district requires to be allotted for establishment of the Unit.

Well, this Court cannot regulate the activities of BIADA and we leave it for the petitioner to immediately approach BIADA for allotment of alternate site. At this stage, learned counsel for the petitioner states that in any event, petitioner shall hand over the vacant and peaceful possession of the site allotted at Kishanganj to BIADA. Statement accepted and taken on record.

Petitioner through learned counsel has been explained the consequences of breach of his undertaking, including initiation of proceedings of contempt, should the petitioner not hand over the vacant and peaceful possession of the land to the

4/5 BIADA within the said period.

Let needful be done within a period of three weeks from today. Also, petitioner undertakes to approach BIADA for allotment of alternate site.

Let BIADA take a decision on its own merit, within a period of two months, uninfluenced of the filing of the instant petition or the orders passed in any one of the proceedings. Learned counsel for the petitioner states that petitioner has already deposited a sum of 3 crore (Approx.) towards ₹ allotment of land at Kishanganj which may be adjusted against the site which may be allotted by BIADA.

Well, it is for BIADA to look into this aspect. On what terms the land would be allotted is for BIADA to decide. We are conscious that such allotment, if any, has to be as per the current prevalent policy and market rates. Adjustment would be carried out or not is for the BIADA to take a decision. BIADA shall positively take a decision within a period of two months. Should the petitioner require the need to initiate proceedings for recovery of the amount already deposited, it shall be open to do so in accordance with law, including filing a petition afresh, challenging the orders passed by the Appellate Authority, subject matter of the present petition.

5/5 The instant petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 25.01.2022 Transmission Date