M/S Thaarana Enterprises, v. The A.P. Industrial Infrastructure Corporation Ltd.,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WIRT PETITION No.25724 OF 2005 ORDER:

Heard the learned counsel for the petitioner and the learned Standing Counsel for the Telangana State Industrial Infrastructure Corporation Ltd., (in short "the Corporation"). As can be seen from the affidavit, it is the case of the petitioner that on 13.12.2004 the petitioner submitted an application to the 1st respondent, for allotment of 25 acres of land situated in Chevella Industrial Area for establishing a Unit of Oil Extraction, Herbal Shampoo manufacture & Floriculture, and also paid requisite amount towards the application fee he applied for allotment of industrial plot on 18.01.2005 and accordingly the respondent Corporation issued a letter dated 11.03.

2005 directing the petitioner to justify the requirement of 20 acres of land and also the detailed project report land utilization details with sketch, SSI Registration Certificate, partner bio data etc., and the same was submitted by the petitioner. Subsequently, the respondent Corporation intimated vide letter dated 21.04.2005 stating that 20 acres of undeveloped land was offered to the petitioner at the rate of Rs.10/- per square meter subject to production of Consent For Establishment from A.P.

Pollution Control Board (APPCB) within a week of receipt of the offer letter, thereupon the petitioner approached the APPCB and the APPCB informed the petitioner to file the application along with the layout plan of the total industrial area and plan of location of the land offered for allotment with boundaries, on that again the petitioner approached the Corporation twice vide letters dated 02.05.2005 and 16.07.

with a delay of two months i.e., on 12.07.2005 the same was furnished to the petitioner. Immediately, thereupon the petitioner approached the APPCB and completed the required formalities and was awaiting the CFE to be issued by the APPCB, in the mean while the 2nd respondent addressed a letter dated 04.08.2005 the petitioner was directed to submit the PCB clearance certificate within a week, failing which the land allotted would be treated as withdrawn without any further notice. Thereupon, the petitioner addressed a letter dated 30.08.2005 bringing it to the notice of the respondent corporation that APPCB is also asking for the regular allotment, agreement of sale etc., to enable them to visit the site and issue the certificate after inspection. It is further submitted that after perusing the matter vide letter dated 25.10.

2005, the petitioner was informed that the consent for establishment was issued and a letter of communication is followed by a Registered Post from the APPCB and the same was informed to the respondent corporation vide letter dated 03.11.2005 and requested for allotment letter, however, to the surprise of the petitioner the respondent Corporation issued the impugned letter dated 22.11.2005, without assigning any reasons, intimated that the offer for allotment of 20 acres of undeveloped land at Chevella is withdrawn and instead decided to allot about 2 to 3 acres of land. Hence, the Writ Petition.

In the light of the prayer made by the petitioner, who is seeking for allotment of an industrial site for setting up of an industry in the Industrial Estate situated at Chevella, Ranga Reddy District, the petitioner is given liberty to file an application afresh to the respondent authorities, and on receipt of the same, the respondent authorities shall consider the application of the petitioner and take

necessary steps for allotment of the site to the petitioner in accordance with the existing procedure of the Corporation for allotment of the industrial site, subject to feasibility and availability of the site.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ CHALLA KODANDA RAM, J Dated: 30.09.2016 Ssv