Allowed

City Auto Service v. the State of Bihar and Ors.

Patna HC8 Oct 2012CWJC/7354/2007

Case brief

AI extract

What is this about?

The Patna High Court held that the Bihar Industrial Area Development Authority could not lawfully convert an access road of an allotted industrial shed into auction plots. The court found no statutory provision empowering the Board to unilaterally breach lease terms or alter land use.

What did the court decide?

Restrained the respondents from demarcating the said road and converting it into Industrial plots for auction as no power is vested in the Board for such action.

City Auto Service Vs the State of Bihar and Ors. — Land Acquisition | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7354 of 2007

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======================== City Auto Service 9/1, Patliputr Managing Partner, Ranjeet Kuma Gandhi Nagar, Boring Road, P.S.	============================== a Industrial Estate, Patna through its r son of Sri Binoy Krishna resident of S. K. Puri, Patna -1. .... .... Petitioner/s Versus
1. The State Of Bihar 2. Industrial Development Com 3. Bihar Industrial Area Develo Director, 6-7 floor, Indira Bh 4. The Managing Director, Biha Authority, 6-7 Floor, Indra B 5. The Executive Director, Biha Authority, 6-7 Floor, Indira B	missioner, Govt. of Bihar, Patna. pment Authority through its Managing awan, Patna. r Industrial Area Development hawan, Patna. r Industrial Area Development hawan, Patna. .... .... Respondent/s
======================= Appearance : For the Petitioner/s : Mr. Mr. Mr. Mr. Mr.	============================== Vikas Kumar Prashant Pratap Girjesh Kumar Ambuj Nayan Choubey Akhilesh Kumar
For the Respondent/s : Mr. Mr. Mr. Mr. Mr.	Avinash Kumar, A.C. to G.A. 6 Lalit Kishore, AAG I. Madan Mohan No.1 Jitendra Singh Rajeev Kumar Singh
======================== CORAM: HONOURABLE MR TRIPATHI ORAL ORDER	============================== . JUSTICE AJAY KUMAR

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8 08-10-2012 The position is accepted today that the cause of action which led the petitioner to file present writ application, as of today, does not exist for the reason that carving out of industrial plots on the road located on the eastern side of the industrial shed of petitioner and its allotment stands cancelled due

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to interim stay granted by the High Court. However, the larger

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Patna High Court CWJC No.7354 of 2007 (8) dt.08-10-2012

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question raised by the petitioner still remains.

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In the year 1999 petitioner was allotted a plot or shed no. 9/1 at Patliputra Industrial Estate, Patna. A lease deed for 90 years was also executed on 21.06.2001 after the petitioner fulfilled all the requirements. In the lease deed boundaries of the said industrial shed was also indicated as under :

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North : 40’ 0” wide Industrial Road. South : 40’ 0” wide Industrial Road. East : 40’ 0” wide Industrial Road. West : Industrial Shed No. IX-2

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Petitioner got aggrieved because effort was made

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by the respondent Bihar Industrial Area Development Authority (hereinafter called the BIADA) to block the road on the eastern side of the shed of the petitioner and convert it into industrial plots open for allotment or auction.

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Stand of the petitioner is that he opted for the said plot, complied with all the requirements and a lease deed thereof already stands executed giving some kind of right in his favour. The access to the Industrial plot cannot be now taken away on the ground that the petitioner had other approach roads available.

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It goes without saying that the Industrial plots or sheds have been put in place after a master plan was drawn up by BIADA. They are feeling the pressure of newly generated demand

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Patna High Court CWJC No.7354 of 2007 (8) dt.08-10-2012

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for land by various entrepreneurs but that by itself cannot be a ground to alter the use of the land for other purposes especially when approach roads have been provided from various sides to the

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Industrial units.

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This matter had been adjourned on one to many occasions to satisfy the Court as to from where the power has been derived by the BIADA to make such significant changes or to commit breach of the terms and conditions of the lease deed which they have executed in favour of the petitioner. Till date the Court has not been taken through any provision by which such a decision by the Board of BIADA can be taken unilaterally.

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In absence of such law, rule or authority, the Court is constrained to record that the decision of the respondent Board of BIADA, therefore, cannot be held to be legal or valid. This writ application has to succeed with a clear understanding that nothing can be done in absence of existence of such power vested in the Board of BIADA on this aspect of the matter and they are restrained from demarcating the said road and converting it into Industrial plots for auction.

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It is made clear that if any fall out action has been taken by the respondents or any authority pursuant to the decision of the BIADA, the same will be held to be un-implementable

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Patna High Court CWJC No.7354 of 2007 (8) dt.08-10-2012

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looking at the nature of the order which has been passed.

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This writ application stands allowed with the observation aforesaid.

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(Ajay Kumar Tripathi, J) Amin/-

City Auto Service v. the State of Bihar and Ors.

Case brief

What is this about?

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City Auto Service v. the State of Bihar and Ors.

Case brief

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What did the court decide?

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