Bibeka Nand Sharma v. The Bihar Industrial Area Development Authority
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18929 of 2021 ====================================================== Bibeka Nand Sharma son of Late Ram Balak Singh resident of mohalla Gagan Diwan, Pawapuri Bhawan, Bihar Sharif, Nalanda. ... ... Petitioner/s
Versus
1.
The Bihar Industrial Area Development Authority 2.
The Secretary Department of Industries cum Chairman, Bihar Industrial Area Development Authority.
3.
The Addl. Chief Secretary Department of Industries, Bihar, Patna. 4.
The Managing Director, Bihar Industrial Area Development Authority, Ugyog Bhawan, East Gandhi Maidan, Patna- 800004. 5.
The Executive Director, Bihar Industrial Area Development Authority, Ugyog Bhawan, East Gandhi Maidan, Patna- 800004. 6.
The Area In-Charge, Bihar Shariff, Nalanda ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rohan Verma, Advocate For the Respondent/s :
Mr. Lalit Kishore, Sr. Advocates Mr. Piyush Lall, Advocate Mr. Kumar Priya Ranjan, 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.) ======================================================= Date : 15-02-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
2/8 "1.That this writ application is directed against an office order dated 16-11-2019 passed by Executive Director, Bihar Industrial Area Development Authority, (referred to as BIADA herein after for the sake of brevity) issued vide memo no. 6731/D/CN- 51004 dated 20-112019, by which petitioner's title over the industrial land measuring about 4560 sq.ft. appertaining to industrial plot no. H1(P) situated within industrial campus, Bihar Sharif at Nalanda in terms of section 6(2) (a) of BIADA Act 1974, as amended in the year 1991, for the reason that after purchase of the said land by the petitioner in an auction sale conducted by Bihar State Financial Corporation (referred to as BSFC herein after for the sake of brevity), the petitioner did not get the mutation of the plot executed in his name for quite long and therefore allotment and title of the said land stood cancel.
This writ application is also directed against an order dated 30-07-2021 passed by the Addl. Chief Secretary Department of Industries, Bihar, Patna in Appeal No. 27 of 2020 preferred by the petitioner for setting aside the above referred order dated 16-11-2019 issued vide memo no. 673l/D/CN- 51004 dated 20-11-2019, but the petitioner's appeal was rejected by the impugned order dated 30-07-2021 in appeal no.
3/8 27 of 2020 and the order passed by the Executive Director has been upheld.
This writ application is also for issuance of appropriate writ or writs order or orders directing the respondents to restore the title of the leased out land in question measuring about 5000 sq. ft. located within Industrial Area Campus, Bihar Sharif, at Nalanda, appertaining to plot no. H1(p), which was purchased by the petitioner in an auction sale conducted by BSFC on 5-08-1999."
On 31st of January, 2022, we had passed the following order:- "Learned counsel for the petitioner, under instructions, states that, (a) if BIADA were to withdraw the order of cancellation of allotment, the petitioner would, within six months thereafter, commence commercial activity for which the plot stood allotted to the original allottee; (b) should the petitioner desire to change the activity, he shall file an appropriate application with the competent authority, BIADA, who should take the decision thereupon expeditiously; (c) petitioner is ready and willing to pay the entire outstanding dues so determined by BIADA.
Learned counsel for the BIADA states that as on date, a sum of Rs. 12 lacs (approx.) is due and payable by the petitioner. The petitioner has been dilly-dallying the issue of establishment of the industrial growth in terms of the plot allotted to him. However, if petitioner
4/8 were to furnish an undertaking to the statement made, recorded supra, BIADA may consider and take a favourable decision thereupon.
We direct the petitioner to immediately approach the respondent No. 4 namely, the Managing Director, Bihar Industrial Area Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna-800004 on 07.02.2022 at 10:30 A.M., with a concrete offer furnishing an undertaking in terms of the statement made before this Court and a decision shall be taken by the authority before 14.02.2022.
Affidavit of compliance be filed on the terms of statements.
Should the party agree to have the matter settled amicably, petitioner shall file his undertaking to this Court.
List on 14.02.2022."
Today, supplementary affidavit dated 11th of February, 2022 stands filed by the petitioner, inter alia, making the following averments:-
5/8 Today, another supplementary affidavit dated 14th of February, 2022 stands filed by the petitioner, inter alia, pleading as under:-
6/8 Statement made by the petitioner in the affidavits is accepted as undertaking for complying with the stipulations
7/8 contained therein.
Learned counsel for the BIADA states that petition can be disposed of in terms of the undertaking so furnished. Consequence of breach thereof, including initiation of proceedings for contempt having violated the undertaking furnished before this Court stands explained to the petitioner through the learned counsel.
As such, petition is disposed of in the following terms:- (a). Undertaking of the petitioner dated 11.02.2022 and 14.02.2022 (reproduced supra) is accepted and taken on record;
(b) Petitioner has been made aware of the consequences of breach thereof, including initiation of proceedings for contempt;
(c) In the event of default of the undertaking, petitioner shall hand over vacant and peaceful possession of the allotted property to BIADA;
(d) Liberty reserved to BIADA, to approach this Court, should the petitioner fail to abide by the undertaking furnished before this Court;
(e) Office order dated 16-11-2019 passed by Executive
8/8 Director, Bihar Industrial Area Development Authority, issued vide memo no. 6731/D/CN- 51004 dated 20-11-2019 (Annexure-1) and the order dated 30-07-2021 passed by the Addl. Chief Secretary, Department of Industries, Bihar, Patna in Appeal No. 27 of 2020 (Annexure-2) are quashed and set aside.
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 21.02.2022 Transmission Date