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2024 DIGILAW 1 (JK)

Ganesha Says IGC v. UT of J&K

2024-01-11

WASIM SADIQ NARGAL

body2024
ORDER : 1. In the instant petition filed under Article 226 of the Constitution of India, the petitioner seeks the following reliefs:- “(i) To issue directions to the respondents to allot additional land measuring 02 Kanals in favour of petitioner firm M/s Ganesha Says in existing PMT Unit in pursuance of certificate issued by Manager Estates, Industrial Development Corporation Ltd., Estate Office Industrial Growth Centre Samba for availability of land or in alternative to allot 1.26 Kanals land which is lying vacant adjacent to the unit of the petitioner by issuance of writ of Mandamus; (ii) To issue directions to the respondents to give similar treatment to the petitioner as is given to similarly situated units namely M/s Varun Beverages Limited, M/S Krishika Industries, M/S Deodara Essential Oils, M/s Chirag Food Industries, M/s Crown India Enterprises' M/S Kashmir Bottlers, M/S Gyprock India, M/s N R Packaging and M/s Aadiguru Agricultural Marketing Corporation who have allotted additional land and to consider the case of petitioner for allotment of additional 1.26 Kanals land lying vacant adjacent to unit of petitioner firm, by issuance of writ of Mandamus; (iii) To declare the act by which the respondents have not allotted additional land measuring 02 Kanals in favour of petitioner firm M/s Ganesha Says in existing PMT Unit in pursuance of certificate issued by Manager Estates, Industrial Development Corporation Ltd., Estate Office Industrial Growth Centre Samba for availability of land as ultra-vires, illegal, arbitrary, unconstitutional and contrary to the provisions of Principle of Natural Justice by issuance of writ of Mandamus; OR (iv) Any other writ, order or Directions which the Hon'ble Court may deem just and proper in the facts and circumstances of the case” 2. The facts leading to the filing of the instant petition are that the petitioner's firm M/s Ganesha Says is permanently registered with the office of General Manager, District Industries Centre Phase- III., Samba and an acknowledgement was issued by the General Manager District Industries Centre, Samba vide No. DICS/P&S/2O19-20/711-IND/6239 dated 04.01.2020. It is stated that M/s Ganesha Says has filed Part-ll of Entrepreneur's memorandum for a small manufacturing enterprise for the address at IGC, Phase-lll, Samba for the item/items i.e. Liquid Katha only and the activity has commenced from the date 03.01.2020. 3. It is stated that M/s Ganesha Says has filed Part-ll of Entrepreneur's memorandum for a small manufacturing enterprise for the address at IGC, Phase-lll, Samba for the item/items i.e. Liquid Katha only and the activity has commenced from the date 03.01.2020. 3. It is the case of the petitioner that he has applied for allotment of land in Industries Centre, Kathua for setting up the unit and initially, 04 Kanals of land was allotted and the petitioner firm started their work and due to insufficient space, the unit has come to a stage of closure, as 04 Kanals land was not sufficient for establishment of the unit, so the petitioner filed an application for allotment of additional land measuring 02 Kanals in the existing PMT unit on 06-09-2022 and he has completed all the formalities. 4. It is averred that the General Manager DIC, Samba has written a letter to Manager Estate I.G.C, Samba vide No DICS/1798 dated 15.11.222 for allotment of additional land to Industrial Units, wherein the General Manager DIC, Samba requested the Manager Estate IGC, Samba to give details of quantum of land available to the mentioned units of IGC Samba alongwith the comments regarding dimension, shape of land, suitability, approach road with respect to units, name of the unit-Ganesha SAYS (Additional Land required for storage as the unit procures raw material, which is available seasonally), Industrial Estate- IGC Phase III, Samba, Line of Activity-Mfg. of Liquid Katha only and proposed investment in Lacs- 0.44. 5. It is alleged that the Manager Estate I.G.C, Samba has written a letter to General Manager DIC, Samba vide No. SIDCO/IGC/904 dated 17.12.2022, wherein Manager Estate I.G.C, Samba has informed the General Manager DIC, Samba that 1.26 Kanals of land is available adjacent to M/s Ganesha Says situated at IGC, Samba Phase-III. Thus, according to the petitioner, it is clear from the record that there is 1.26 Kanals land lying vacant adjacent to the unit of the petitioner. The respondents have not considered the application of the petitioner, while the certificate has been given by the Manager Estate LG.C, Samba, thereby certifying that the availability of 1.26 Kanals land lying vacant adjacent to the unit of petitioner. 6. The respondents have not considered the application of the petitioner, while the certificate has been given by the Manager Estate LG.C, Samba, thereby certifying that the availability of 1.26 Kanals land lying vacant adjacent to the unit of petitioner. 6. Learned counsel for the petitioner submits that the respondents have held first meeting of High Level Land Allotment Committee for allotments of land on 01.07.2021, where they have allotted land to 10 units and thereafter, they have held second meeting of High Level Land Allotment Committee on 30.12.2021, where they have considered the case of 396 units and also issued allotment order. The respondents have allotted additional lands to the units, namely, M/s Varun Beverages Limited vide allotment order No. SIDCO/ROJ/2021/22 dated 14-01-2022, M/S Krishika Industries vide allotment order No. SIDCO/ROJ/2O21/26 dated 27-01-2022, M/S Deodara Essential Oils vide allotment order No. SIDCO/ROJ/2021/27 dated 27.01.2022, M/s Chirag Food Industries vide allotment order No. SIDCO/ROJ/2021/28 dated 27.01.2022, M/s Crown India Enterprises vide allotment order No. SIDCO/ROJ/2021/29 dated 27.01.2022, M/s Kashmir Bottlers vide allotment order no. SIDCO/ROJ/2021/30 dated 27-01-2O22, M/S Gyprock India vide allotment order no. SIDCO/ROJ/2021/32 dated 29.01.2022, M/s N R Packaging vide allotment order No. SIDCO/ROJ/2O2l/44 dated 29.01.2022 and M/s Aadiguru Agricultural Marketing Corporation vide allotment order No. SIDCO/ROJ/2021/43 dated 29-01-2022. The petitioner has also applied for allotment of additional land of 02 kanals on 06-09-2022 and the Manager Estate I.G.C, Samba has written a letter to General Manager DIC, Samba vide No. SIDCO/IGC/904 dated 17-12-2022, thereby certifying that 1.26 Kanals of land is lying vacant adjacent to the unit of petitioner firm. 7. Learned counsel for the petitioner also submits that the respondents have not considered the case of petitioner till date, while Manager Estate I.G.C, Samba has certified that the land 1.26 Kanals is vacant adjacent to the unit of the petitioner. Thus, the respondents are depriving the petitioner from right to conduct the business, as the petitioner has already represented them, thereby submitting that the unit has reached at the stage of closure due to insufficient land because the petitioner has established a manufacturing unit for Liquid Katha and has invested sufficient amount for the establishment of the unit and unit required space. It is also stated that the respondents have not given equal treatment to the petitioner, as has been given to the similarly situated units they have allotted the additional land. 8. It is also stated that the respondents have not given equal treatment to the petitioner, as has been given to the similarly situated units they have allotted the additional land. 8. Learned counsel for the petitioner further submits that the petitioner has filed writ before this Court being WP(C) No. 3121/2023 titled, “M/s Ganesha Says V/s Union Territory of J&K & ors. and the petitioner through the medium of CM No. 7743/2023 sought withdrawal of writ petition mentioned supra with liberty to file a fresh writ petition vide order dated 29.12.2023. Thus, the instant writ petition. 1. Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the instant writ petition is disposed of by directing the respondents to treat the instant writ petition as representation and accord consideration to the same within some reasonable period. 2. Notice. 3. Mr. Bhanu Jasrotia, learned GA appearing vice Mr. K.D.S. Kotwal, Dy. AG waives notices on behalf of respondents. He submits that the respondents have no objection, if the instant writ petition is directed to be treated as representation and same is accorded consideration strictly in accordance with the rules and as per law. 4. With the consent of learned counsel for the parties and keeping in view the facts and circumstances of the case, the instant writ petition is disposed of, at the threshold, with a direction to the respondents to consider the claim of the petitioner by treating this writ petition as representation and take a decision thereon, strictly under rules and as per law and pass a consideration order within a period of six weeks from the date a certified copy of this order alongwith complete set of writ petition are made available to the respondents. 5. Writ petition is, accordingly, disposed of, alongwith connected application. 6. It is made clear that while according consideration to the case of the petitioner, the respondents are directed to give due weightage to the similarly situated persons figuring from Serial No. 40 to 48 in the details of allotment in pursuant to the 2nd High Level Land Allotment Committee held on 30.12.2021.