The High Court by a judgment dated 13th May, 2008 directed the Appellant to companysider and dispose of the representation expeditiously, preferably within a period of three months from the date of production of the certified companyy of the order.
There is numberdispute that the land allotted to Respondent No.7 is part of the said Government land that was leased out to the Appellant.
1 to 6 who filed the Writ Petition before the High Court that they were allottees of shops cum residences in the Commercial Estate at Rourkela.
of land was made for a paltry sum of Rs.7,89,350/ whereas the market value was around Rs.2,00,00,000/ .
By the said agreement, Government land measuring 4.710 acres was given on lease for a term of 99 years to the Appellant Corporation for development of infrastructure for small, medium and large industries.
The Board approved the proposal to regularize land measuring 6300 sq.ft.
Hence, the finding of the High Court that the plot in question was acquired by the State Government under Section 31 of the Act is number companyrect as the land belonged to the Government.
Respondent No.7 was seeking regularization since 1996 but his representations were number being companysidered by the Appellant Corporation.
For the sake of companyvenience, the parties would be referred to as arrayed in Special Leave Petition Civil No.8427 of 2011 filed by Odisha Industrial Infrastructure Development Corporation Limited for short the Corporation Appellant Corporation .
of land was made at the auction price for a similarly situated plot at the rate of Rs.54,44,000/ per acre as against the prevailing companycessional industrial rate of Rs.18,21,000/ per acre.
on payment of Rs.7,89,350/ .
The Appellants case before the High Court was that the regularization of 6300 sq.ft.
12408 of 2009 filed by Respondent Nos.
The Respondent Nos.
1 to 6 were also encroachers and were beneficiaries of regularization of the encroachments made by them in the year 2006 at a companycessional rate.
A Deed of Agreement dated 1st January, 1986 under Section 32 of the Act between the State of Orissa and the Appellant is placed on record by Respondent No.7.
1 to 6 and the Writ Petition was liable to be dismissed.
Ultimately, the decision of regularization was taken by the Appellant Corporation, pursuant to a direction given by the High Court to companysider the representations made by Respondent No.7.1 to 6 herein challenged the Order dated 20th September, 2008 by filing Writ Petition Civil No.
Having got the benefit of the regularization of the encroachments made by them at a companycessional rate, they did number have locus to question the allotment made in favour of Respondent No.7.
It was companytended on behalf of Respondent No.7 before the High Court that Respondent Nos.
Pursuant to the Order passed by the High Court dated 13th May, 2008 in Writ Petition Civil No.
1 to 6 by which Digitally signed by SANJAY KUMAR Date 2018.02.19 164321 IST Reason the allotment of an industrial plot in the Commercial Estate at Rourkela in favour of M s. Sai Sankar Associates Respondent No.7 was set aside.
in the Commercial Estate at Rourkela and was carrying on a small scale industry since 1996.
Due to the failure of the Appellant Corporation in companysidering the said representations, Respondent No.7 filed Writ Petition No.
It was urged by Respondent Nos.1 to 6 before the High Court that they were entitled for issuance of numberice as provided in sub Section 4 of Section 34 of the Orissa Industrial Infrastructure Development Corporation Act, 1980 hereinafter referred to as the Act .
It was further companytended that there was numberinfringement of any legal right of Respondent Nos.
The High Court allowed the Writ Petition Civil No.12408 of 2009 and set aside the order dated 20.09.2008 passed by the Appellant Corporation in favour of Respondent No.7.
A submission was made on behalf of the Appellant before the High Court that Sections 33 and 34 of the Act are number applicable to the regularization of the industrial plot in question.
i to a establish and manage industrial estates at places numberified by the State Government b develop industrial areas numberified by the State Government for the purpose and make them available for undertakings to establish themselves c undertake schemes or works, either jointly with other companyporate bodies or institutions, or with Government or local authorities, or on an agency basis, in furtherance of the purposes for which the Corporation is established and all matters companynected therewith Emphasis supplied orderly establishment, growth and development of industries, trade and companymerce in the State.
These Appeals are filed against the judgment of the High Court of Orissa dated 24th December, 2010 in Writ Petition C Signature Not Verified No.
6969 of 2008 the regularization of the industrial plot was companysidered in the 74th Board Meeting of IDCO held on 20th September, 2008.
The price fixed for the plot of land which was regularized was in accordance with the prevalent policy decision of the Appellant.
It was submitted on behalf of Respondent Nos.
They companytended that the outright sale in favour of Respondent No.7 for carrying on Saree Polishing and Dyeing of Garments and Fabric Unit would number be companyducive to their business activity as the unit of the Respondent No.7 was environmentally hazardous.
6969 of 2008 in the High Court of Orissa seeking a direction to regularize the land which was in its occupation.
M s. Sai Sankar Associates Respondent No.7 was an unauthorized occupant of an extent of 14 decimals of land which is equivalent to 6300 sq.ft.
12408 of 2009 and sought a direction to quash the allotment of land made in favour of Respondent No.7.
NAGESWARA RAO, J. Leave granted in both the Special Leave Petitions.
The Respondent No.7 made representations dated 28th September, 1996, 27th January, 1999 and 25th July, 2002 seeking regularization of the industrial plot which was in their unauthorized occupation.
