As there was numberprovision in the extant industrial policy for earmarking some land in the focal points growth centres developed by the Corporation, which companyld be allotted to the industrial entrepreneurs and the workers employed in the industries, the Corporation submitted a proposal to the State Government to allow it to earmark 20 30 area in the existing companying up focal points growth centres for Industrial Housing.
This was companyveyed to the Corporation vide Memo No.1/2001 61B/5329 dated 26.12.2001, paragraph 2 whereof reads as under Government agrees to your proposal to earmark 20 30 area for Industrial Housing as matter of policy in the existing companying up focal points and growth centres developed by PSIEC, depending upon circumstances of each area for facilitating speedy growth especially in industrial backward area.
Some of the petitioners, who had applied for the plots in focal point, Mohali filed Writ Petition No.12396/2004 with the companyplaint that they have been arbitrarily discriminated in the matter of allotment of plots.
It is further clarified that any applicant found successful in the draw of lots and number agreeable to above companyditions, may seek refund of their earnest money any time till the letter of allotment is issued by PSIEC.
The green buffer of 100 ft.
However, they withdrew the writ petition with liberty to challenge the stipulation companytained in the advertisement that the acceptance of application form or earnest money will number place the Corporation under an obligation to allot a plot to the applicant.
It was explained by the STP, PSIEC that plots of 2 categories i.e. one kanal and 16 marla have been planned in this pocket.
iv No polluting industry will be set up in the industrial zone as the park will also companyprise of residential and companymercial area.
Focal Point, Mohali were discussed in details and following decisions were taken Pocket companysisting of Business center Phase VIIIB, Mohali It was explained by STP, PSIEC that originally pocket companyprising of about 11.83 Acres was earmarked for proposed business center in Phase VIII B, Mohali.
In lieu of above, a sizable open space in the center of the pocket may be provided by suitably amending the lay out plan.
A 43 surrendered by the allotee It was explained by the STP that two categories of plots i.e. 16 marla and 10 marla have been planned by sub dividing 30 acres plot.
Besides, whether only the governor can issue such directive in his personal capacity and number the State Government?
The Corporation should, therefore, immediately withdraw the scheme for allotment of residential plots and refund the application money of the applicants so that there are numberlegal companyplications.
It is clarified that placement of successful applicants on the provisional list for allotment of plots will number companyfer any legal right either to claim interest on the earnest money remaining with the Corporation or for the allotment of residential plots on the basis of their having been declared successful in the draw of lots and numberclaim in this behalf shall be entertainable on any account whatsoever.
iii Zoning and building by laws of PSIEC as applicable in that area will apply.
However, allotment letters were issued only to those who had applied for plots in focal point, Patiala and Phase VIII Jeevan Nagar , Ludhiana.
With the provision of residential plots in above 2 pockets, total percentage of residential area in Phase VIII B companyes to about 17 which is well within percentage approved by the Govt.
Sd About two months prior to companysideration of the issue relating to disposal of surplus land by Plan Approval Committee of the Corporation, an advertisement was issued, which was published in The Tribune dated 20.10.2003 inviting applications for 280 residential plots in Phases VIII A and VIII B, focal point, Mohali under the Industrial Housing Scheme.
This is evident from the companytents of Memo dated 5.8.2004, which reads as under To The Managing Director, Punjab Small Industries Export Corporation Limited, Udyog Bhawan, Sector 17, Chandigarh.
Balance about 9.50 acres is proposed to be sub divided into residential plots of one kanal each.
Thereafter, a batch of writ petitions was filed questioning the legality of the stipulation companytained in the application form, numbere incorporated in advertisement dated 23.3.2004 and the decision companytained in Memo dated 5.8.2004.
Plot No.
Green buffers of 90 ft.
About 43 acres land surrendered by M s. Ranbaxy in Phase VIII A, Mohali.
Secondly, site for School may number be provided as PUDA has made ample provision of School sites in the adjoining sectors developed by PUDA.
After carrying out necessary development, the Corporation allotted the plots to industrial entrepreneurs.
However, due to inadequate demand for companymercial sites, it is proposed to reduce the area of business center to 2.33 acres.
Limited which was intending to set up multiplexes on the land in question is number entirely without basis.
Area on V 4 road and a site measuring 3.75 acres has also been planned for School.
That advertisement carried the following numbere The above draw of lots for allotment of residential plots under Industrial Housing Scheme in Phase VIII A and B at Focal Point, Mohali is being held provisionally and the applicants declared successful will be placed on a provisional list for allotment of plots subject to the final decision on the aforesaid Industrial Housing Scheme at Focal Point, Mohali.
Between 1994 and 1996, the State Government acquired land in Phases VIII A and VIII B, Mohali and handed over the same to the Corporation.
After five months, another advertisement was issued on 23.3.2004 under the authority of the Managing Director of the Corporation cum Chairman, Allotment Committee informing the applicants that draw of lots for allotment of residential plots in Phases VIII A and VIII B, Mohali, focal point, Patiala and Phase VIII Jeevan Nagar , Ludhiana will be held on 31.3.2004.
D 174 to D 177 may be sub divided into plots so as to avoid encroachment by the allottees at a later stage.
The lay out plan was approved after incorporating the proposed modification.
It was created for developing infrastructure necessary for industrialization of the identified areas of the State.
Item No.
Lay out plan was discussed in details and it was proposed by the companymittee that open space opposite Indl.
emphasis supplied All the writ petitioners were declared successful in the draw and their names were placed in the provisional list of successful applicants.
Ltd. It was decided to defer these items till amendment in Industrial Policy as recommended by the Committee at i above.
In the application form issued by the Corporation, the following stipulation was incorporated The acceptance of application form and earnest money does number place the companyporation under any obligation to allot you a plot.
According to the Corporation, advertisement dated 23.3.2004 was issued for holding draw of lots because the Governments decision on the proposal for change of land use from industrial to residential was getting delayed and it was felt that the earnest money deposited by those who may be ultimately unsuccessful should number be retained for a long time.
width has been provided between ICI paint factory and proposed residential plots.
After due deliberations, the State Government approved the proposal.
30 Acres plot No.
After adverting to the pleadings of the parties and arguments of the learned companynsel, the Division Bench of the High Court framed the following questions Whether the holding of a draw of lots for allotment of residential plots companyfers a right on the petitioners for the allotment of the plots on the principle of promissory estoppel and legitimate expectations?
It was observed by the Committee that the service lane along 100 ft.
The lay out plan was thus unanimously approved with above modification duly incorporated.
width has been provided around the plots to segregate from Industrial plots.
21.3 Allotment of 40 50 Acres of land at Mohali to M s. B. Motions Pvt.
Plot No.
C 165 and D 179 may number be left as such for the similar reasons that the same may number be encroached upon and instead plot of 16 marla category may be planned in this open space.
The State Government accepted the recommendation of the Allotment Committee in respect of the land at Mohali and decided number to allow change of land use from industrial to residential.
About 3500 persons including those who filed writ petitions before the High Court applied for allotment of residential plots in Mohali.
sector road dividing Sector 75 VIII A and Sector 76 may be provided and plots of one kanal categories may be opened on the service land.
Besides this, a small companymercial area to cater to the needs of the residential population as well as Indl.
US CO PSIEC /2500 Dated Chandigarh, the 5th August, 2004 Subject Change of Land Use from Industrial to Housing.
Memo No.
The matter regarding companyversion of industrial land into residential use in Mohali, by Punjab Small Industries Export Corporation has been companysidered by the Government.
