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Persian Leather Garments v/s Commissioner, Industries & Commerce & Others

    OWP No. 962 of 2008 & CMP No. 1409 of 2008
    Decided On, 16 May 2009
    At, High Court of Jammu and Kashmir
    By, THE HONOURABLE MR. JUSTICE MOHAMMAD YAQOOB MIR
    For the Petitioner: In Person. For the Respondent: R1, P.C. Sharma, AAG, R2, Ajay Abrol, Advocate.


Judgment Text
Mohammad Yaqoob Mir, J.

1. Quashment of communication bearing No. SIDCO/ROJ/legal/05/763 dated 19-11-2008 is sought. In terms of said communication petitioner has been requested to deposit the remaining amount of Rs. 2.86 Lacs towards full and final payment of premium and advance Lease rent for two years, so as to enable completion of the formalities and handing over of the possession of the allotted premises.

2. The grievance of the petitioner is that he is required to pay @ Rs. 60,000/- per Kanal as premium and rent @ Rs. 13,000/- per annum. The total amount of premium and Lease rent of 2 Kanals amounts to Rs. 1.26 Lacs, which he has deposited. Respondents claim premium @ Rs. 2.00 Lacs per Kanal, which is un-warranted.

3. Noticing of the precise factual background is imperative for proper disposal.

4. The petitioner being a technocrat having a Master's Degree in Technology for promoting industrialization of the State claimed to have been deputed to Central Leather Institute, Madras by S.I.D.C.O. Petitioner had approached for allotment of land to set up an industrial unit for the manufacture of leather garments at E.P.I.P Kartholi, Bari Brahmana, Jammu. The land allotment Committee had approved the allotment of 2 Kanals of land in favour of the petitioner as is clear from the allotment order No. ITC/ROJ/PROJ/EPIP/03/04 where-under sanction has been accorded to the allotment of 2 Kanals of land in favour of the petitioner subject to the conditions contained in the said order which include payment of premium @ Rs. 60,000/- per Kanal and annual rent @ Rs. 2790/- per Kanal. As per the condition No. 4 incorporated in the Order of allotment the petitioner was required to pay the amount of premium and rent by Cheque/Demand draft drawn in favour of J&K SIDCO payable at Jammu within 15 days from the date of issue of allotment order, in default, the allotment was liable to be cancelled. The order of allotment has been issued on 7th of February 2003. The petitioner has failed to deposit the amount of premium and the rent as aforesaid. Resultantly, the allotment order has been cancelled vide No. IDC/DB/EPIP/34/2427/29 dated 26th of March' 2004. Subsequently, the petitioner has been representing for revival of his allotment. Failing to get any response filed the petition bearing OWP No. 668/2006, which has been decided on 16th of August' 2007. Last two paras of the said Judgment are reproduced herein:-

"Looking to the eagerness of the petitioner to set up an export oriented and pollution free Industrial Unit, it would be just and proper if the petitioner's case was considered afresh for allotment of land at Kathua, where the petitioner says that the land was available for allotment, or at such other place where land may be available with the SIDCO for allotment to the petitioner.

This petition is, accordingly, disposed of with a direction to the State Industrial Development Corporation Ltd., through its Managing Director to consider the case of the petitioner for allotment of land for his Unit M/s. Persian Leather Garments at Kathua or at such other place where land may be available with it, reviving his earlier application and treating it to be a fresh application for allotment of land, in accordance with law and the guidelines/policy prevalent in the Corporation for allotment of land to the entrepreneurs."

5. In compliance to the said Judgment the respondents have reconsidered the case of the petitioner and have afresh allotted 2 Kanals of land in favour of the petitioner situated at Industrial Growth Centre, Samba vide allotment order No. IDC/ROJ/08/01 dated 01-01-2008. As per the conditions incorporated in the order of allotment, the petitioner was required to deposit premium and rent as per prevalent rates to J&K State Industrial Development Corporation.

6. In terms of Government Order No. 102 of 2007 dated 25th of April 2007, the revised rates of premium have been fixed whereunder for the land at Samba, Rs. 2.00 Lacs per Kanal for plots not exceeding 4 Kanals has been fixed. So, in terms of the said Government Order, petitioner was to deposit Rs. 4 Lacs plus the rent, in total Rs. 4.12 Lacs. Petitioner instead of depositing the said amount has deposited only 1.26 Lacs i.e. as per the rates as were prevalent before year 2007 in terms of the Government Order dated 4th of September 2001. The said Order stands superseded by Order No. 102 of 2007 dated 25th of April 2007.

7. Petitioner claims that he is not bound to pay the premium at the revised rates. He is to pay the rates as were prevalent prior to the year 2007. This is the only controversy involved in the case.

8. Petitioner admittedly has not challenged the Government Order No. 102 of 2007 dated 25th of April 2007 where under the rates of premium have been revised. Second petitioner cannot claim payment of premium at the pre-revised rates because in terms of the judgment dated 16th of August 2007 in compliance to which the allotment has been made to the petitioner provide for treating the earlier application of the petitioner as a fresh application for allotment of land in accordance with law and the guidelines/policy prevalent in the Corporation for allotment of land to the entrepreneurs. The prevalent rate admittedly is Rs. 2.00 Lacs per Kanal for plot not exceeding 04 Kanals. Petitioner is bound by the Judgment dated 16th of August 2007 so has to pay the premium and rent at the prevalent rates. Prevalent rate is the rate governed by Government Order No. 102 dated 25th of April 2007.

9. The relief sought in the petition for quashing the communication dated 19th November 2008 to deposit the remaining amount of Rs. 2.86 Lacs is not warranted. The petitioner shall have to pay the same amount, in default the allotment in his favour has to result in cancellation. If petitioner requires the land allotted to him, he shall forthwith deposit the remaining balance amount of Rs. 2.86 Lacs or in the alternative on cancellation shall be entitled to receive back the deposited amount of Rs. 1.26 Lacs.

10. It shall be open for the respondents

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to proceed in the matter strictly in accordance with law in both the cases i.e. in case petitioner deposits the balance amount steps for completion of formalities including the Lease documents so as to enable the petitioner to setup the Industrial Unit. Incase petitioner will not deposit the balance amount, then it will be open for the respondents to cancel the allotment and to return the deposited amount of Rs. 1.26 Lacs back to the petitioner. 11. Writ petition is found devoid of merit, therefore, dismissed. The record as produced during the course of arguments by the counsel for the respondents be returned to him. 12. Disposed of along with connected CMP.
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