Dismissed

M/s Green Leather Industries v. The State Of Bihar and Ors.

Patna HC13 Nov 2017L.P.A/48/2017

Case brief

AI extract

What is this about?

The High Court dismissed the appeal of M/s Green Leather Industries. The Court held that the Industrial Policy effective from 1st September 1995 regarding 90-year leases did not apply to a plot allotment finalized and approved in June 1995 for a 30-year lease period, though an additional agreement later granted 90 years.

What did the court decide?

The Letters Patent Appeal stands dismissed upholding the Writ Court's order that the lease was for 30 years.

M/s Green Leather Industries Vs The State Of Bihar and… — Company and Corporate | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Letters Patent Appeal No.48 of 2017 IN

¶3

Civil Writ Jurisdiction Case No. 1965 of 2015

¶4

=========================================================== M/s Green Leather Industries, Industrial Area Muzaffarpur through its Proprietor Md. Sahid, C-24, Industrial Area, Bela, Muzaffarpur, Bihar and Proprietor residing at Maripur Chitraguptapuri Road, P.O. - H.P.O. P.s. - Kazi Mohammadpur, District - Muzaffarpur.

¶5

.... .... Appellant/s

¶6

Versus

¶7

The State of Bihar through the Principal secretary, Department of Industry, Vikash Bhawan, Baily Road, Bihar, Patna.

¶8

Bihar Industrial Area Development Authority through its Secretary, Udyog Bhawan, Gandhi Maidan, Patna.

¶9

The Managing Director, BIADA, Udyog Bhawan, Gandhi Maidan, Patna.

¶10

The Executive Director, BIADA, Regional Office, Muzaffarpur.

¶11

The Development Officer, Regional Office, Muzaffarpur.

¶12

.... .... Respondent/s

¶13

=========================================================== Appearance : For the Appellant/s : Mr. Sanjeev Kumar For the State : Mr. Yogendra Pd Sinha, AAG 7 For the BIADA : Mr.Girijesh Kumar

¶14

===========================================================

¶15

CORAM: HONOURABLE THE CHIEF JUSTICE

¶16

and

¶17

HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

¶18

ORAL JUDGMENT

¶19

(Per: HONOURABLE THE CHIEF JUSTICE) Date: 13-11-2017

¶20

Seeking exception to an order dated 22.06.2016 passed by

¶21

Patna High Court LPA No.48 of 2017 dt.13-11-2017

¶22

2/4

¶23

the learned Writ Court in CWJC No. 1965 of 2015 this appeal has been filed under Clause 10 of the Letters Patent.

¶24

The petitioner-industries was allotted a plot being Plot No. C-24 for establishment of an Industrial Unit by the Bihar Industrial Area Development Authority (hereinafter referred to as ‘BIADA’). In the agreement entered into the lease is said to have been granted for a period of 90 years. According to the petitioner, the respondents treating the petitioner to have been granted the lease for 30 years by communication made on 25.08.2014 indicate so, and therefore challenging the communication writ petition was filed.

¶25

The learned Writ Court went into various aspects of the matter including the order of allotment dated 12.12.1995 showing the allotment for a period of 30 years. After taking into other various aspects of the matter found that the petitioner’s allotment was settled only for a period of 30 years and if there is some error in the agreement, the same cannot be put into force by the petitioner for claiming allotment for a period of 90 years.

¶26

Learned counsel for the appellant invited out attention to the Industrial Policy that came into force with effect from 1^st September, 1995 and argued that in the said Policy under Clause 4 lease has to be granted for a period of 90 years and, therefore, the contention of the petitioner is correct. However, on going through the

¶27

Patna High Court LPA No.48 of 2017 dt.13-11-2017

¶28

3/4

¶29

record, we find the proposal for allotment was finalized by the Authority much before the Industrial Policy dated 1^st September, 1995 came into force. It was approved by the concerned Board on 27.06.1995 for a period of 30 years and in the allotment order that was issued to the appellant vide order dated 12.12.1995. Based on this decision which was taken vide resolution dated 26.6.1995 lease for a period of 30years was only granted.

¶30

That being so, we see no error in the order of the learned Single Judge warranting reconsideration. The Industrial Policy which came into force on 01.09.1995 will not apply in the case of the petitioner. From the evidence and documents available on record it is clear that lease was granted for a period of 30 years for two acres of land. Apart from that, another agreement for additional area of 0.39 acres of land was also made after the Industrial Policy came into force, on 1.9.1995 and in this the lease is for 90 years. Therefore, this itself shows that for the allotment made prior to coming into force of the Policy, i.e. prior to 1.9.1995 the allotment was for only 30 years and after coming into force of the Policy in question the allotment has been granted for 90 years.

¶31

Taking into account all these aspects of the matter if the contention of the petitioner has been rejected by the learned Writ Court we see no reason to make any indulgence into the matter.

¶32

Patna High Court LPA No.48 of 2017 dt.13-11-2017

¶33

4/4

¶34

The Appeal stands dismissed

¶35

(Rajendra Menon, CJ)

¶36

mrl./-

¶37

(Anil Kumar Upadhyay, J)

¶38

AFR/NAFR	NAFR
CAV DATE	N.A.
UploadingDate	15/11/2017
Transmission Date	N.A.

M/s Green Leather Industries v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

M/s Green Leather Industries v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Gopal Singh Vs The State Of Bihar

Baboolal Mahato Vs State of Bihar

Jai Nandan Singh @ Mohani Vs State of Bihar

Kumar Ved Prakash and Anr. Vs The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna and Ors.

Siya Ram Singh Vs The State Of Bihar and Ors.

Bijay Kumar Singh Vs The State Of Bihar and Ors.