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2011 DIGILAW 348 (ORI)

Hindustan Concrete Product v. State of Orissa

2011-07-06

B.P.DAS, S.PANDA

body2011
JUDGMENT B.P. DAS, J. — The petitioner M/s. Hindustan Concrete Product, which is a partnership firm and engaged in the business of manufacturing of P.S.C. Poles in its factory located at Ganasha on the side of National Highway No.5 near Badachana Police Station under Darpan Tahasil of Jajpur District, has filed this writ petition through its Managing Partner, Sri Sunil Kumar Agarwal, challenging initiation of the proceeding under Section 8(2) of the Orissa Land Reforms Act, 1960 (Act) by the Tahasildar, Darpan, O.P.5 and issuance of the notice dated 17.3.2009 threatening, vide Annexure-6 for eviction of the petitioner-firm from its land during pendency of the application filed under Section 8-A of the Act read with Rule 12-A(1)(a) of the O.L.R. (General) Rules, 1965 for conversion of the said land from agricultural use to industrial use and to exempt the petitioner-firm from payment of premium in respect of such conversion in terms of Para-16.6 of the Industrial Policy Resolution, 2007 (I.P.R.-2007) issued by the State Government in the Department of Industries vide Annexure-3. 2.Briefly stated, the case of the petitioner is that in order to establish the P.S.C. Pole Manufacturing Factory, the petitioner purchased Ac.4.095 of agricultural land from different persons in Mouza-Ganasha of Darpan Tahasil under Badachana P.S. in the district of Jajpur. The petitioner applied for mutation of the said land in its favour and the Tahasildar after due enquiry allowed the same. Before using the aforesaid agricultural land for the purpose of industry and before filing application under Section 8-A of the Act for conversion, the Tahasildar initiated a suo motu proceeding against the petitioner-firm under the provisions of Section 8(1)(c) of the O.L.R. Act, 1960 making the Rayati-petitioner liable to be evicted on the ground that the agricultural land has been used for the purpose other than the agricultural purposes. The said proceeding was registered on the file of the Tahasildar, O.P.5 as O.L.R. Case No.30 of 2008. Thereafter, the Tahasildar for the purpose of conversion of the said land to non-agricultural purpose demanded a premium leviable under the provisions of Clause-C of Section 8-A of the O.L.R. Act, 1960. The said proceeding was registered on the file of the Tahasildar, O.P.5 as O.L.R. Case No.30 of 2008. Thereafter, the Tahasildar for the purpose of conversion of the said land to non-agricultural purpose demanded a premium leviable under the provisions of Clause-C of Section 8-A of the O.L.R. Act, 1960. According to the petitioner, its unit being a new industrial unit is entitled to get exemption under the provisions of Section 8-A(1)(c) on production of eligibility certificate from the Directorate of Industries, Orissa for Large Industries and Medium Enterprises and G.M./P.M., D.I.C. for Micro, Small Enterprises, which are follows:- “Micro & Small Sector–100% up to 05 Acres Medium Sector–75% up to 25 Acres Large Sector–50% up to 500 Acres Priority Sector–50% Thrust Sector–100%” 3.The petitioner-firm is a Small Scale Industry and has been registered as such under the D.I.C., Jagatpur and has been issued with a certificate of eligibility for exemption from payment of premium on conversion in respect of the total agricultural land of an area Ac.04.095 decs. The petitioner relies upon Annexure-4, which is a certificate of eligibility issued by the General Manager, District Industries Centre, Jagatpur, in favour of the petitioner. Clause-4 of the said eligibility certificate being relevant is extracted hereunder:- “4. The unit is eligible to get exemption from payment of premium for conversion of agricultural land to industrial purpose as admissible under provisions stipulated in sub-clause (I)& (II) of sub-clause (a) of Section 8-A(1) of OLR (Amendment) Act, 1993 in pursuance of provisions of industrial policies and existing notification and instructions issued by the State Government from time to time.” According to the petitioner, after getting the eligibility certificate from the General Manager, D.I.C., Jagatpur, vide Annexure-4, the petitioner made an application for conversion of the land in Form-25 under Rule 12-A(1)(a) of the O.L.R. (General) Rules, 1965 on 1.12.2008 along with the above eligibility certificate. The Tahasildar, Darpan without any rhyme and reason and without considering the said application, issued a notice under Section 8(2) of the O.L.R. Act on 17.3.2009, vide Annexure-6 against the Managing Partner and other Partner, Sri Giridharilal Halan for eviction from the aforesaid land and requiring them to appear before him on 20th March, 2009 for hearing of the case. In pursuance of such notice, the petitioner appeared before the Tahasildar on 20.3.2009 and filed show cause reply. In pursuance of such notice, the petitioner appeared before the Tahasildar on 20.3.2009 and filed show cause reply. But no step has been taken by the Tahasildar on the said application of the petitioner, for which the petitioner has filed this writ petition with a prayer to direct the Tahasildar, O.P.5 to consider the said application for conversion of the land and allow conversion of agricultural land to industrial purpose. 4.A counter affidavit has been filed by the Collector, Cuttack and the Tahasildar, Darpan, inter alia, indicating therein that as the petitioner is the owner of private lands, I.P.R. 2007 has no bearing to those lands and the petitioner instead of raising all those questions before the competent authority pursuant to the notice issued to him, has directly come to this Court, for which this writ petition is liable to be dismissed. 5.Para-16.6 of the I.P.R.-2007 provides that:- “New Industrial units and existing industrial units taking up expansion/modernization/diversification will be granted exemption under the provisions of Clause-C of Section 73 of Orissa Land Reforms Act, 1960 from payment of premium, leviable under provisions of clause-C of Section 8(A) of the OLR Act 1960 on production of eligibility certificate from the Director of Industries, Orissa for Large Industries and Medium Enterprises and G.M./P.M., D.I.C. for Micro, Small Enterprises as follows:- “Micro & Small Sector–100% up to 05 Acres Medium Sector–75% up to 25 Acres Large Sector–50% up to 500 Acres Priority Sector–50% Thrust Sector–100%” There is no dispute about the fact that the petitioner is a new industrial unit and has been issued with eligibility certificate for getting exemption from payment of premium of conversion of agricultural land as indicated in the foregoing paragraph. There is no different provision for private land and Government land. The exemption granted by the General Manager, D.I.C. is very clear and requires no further interpretation by the revenue authorities. We are satisfied that the petitioner is entitled to get the exemption as per I.P.R. 2007 and the revenue authorities are bound by the certificate of eligibility granted by the D.I.C., which has not been disputed by the O.Ps. in any manner. We are satisfied that the petitioner is entitled to get the exemption as per I.P.R. 2007 and the revenue authorities are bound by the certificate of eligibility granted by the D.I.C., which has not been disputed by the O.Ps. in any manner. Accordingly, we dispose of this writ petition with a direction to the Tahasildar, Darpan, O.P.5, to conclude the proceeding by granting exemption from payment of premium for conversion of agricultural land to industrial purpose in respect of the lands, particular of which have been mentioned in the eligibility certificate issued in favour of the petitioner. The Tahasildar is also directed to complete the entire exercise within a period of two months from the date of receipt of this judgment. No cost. S. PANDA, J.I agree. Petition disposed of.