Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Industrial Areas Development Authority Act 1974: State of Bihar (predecessor-in-interest of the respondent State) transferred an interest in land admeasuring 350 acres for a period of 99 years by a document dated 18.3. 196 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bihar Industrial Areas Development Authority Act, 1974: State of Bihar (predecessor-in-interest of the respondent State) transferred an interest in land admeasuring 350 acres for a period of 99 years by a document dated 18.3.1969-—To appellant-Company for setting up industry — One of the terms and conditions for transfer [Condition No. 4 (xiv)] stipulated that the land was to be used by the appellant for the specified purpose within a period of one year failing which lease was to be terminated — Appellant utilized only 200 acres of land for setting up industry —- Enactment of 1974 Act with the object of planned development of industrial areas — Respondent- Authority constituted under an ordinance which preceded the Act — State of Bihar as per document dated 18.07.1973 made another grant of 1266 acres of land to the Authority, to own, possess and hold the same for the development of Industries -— Show Cause Notice issued by the Authority to appellant for surrender of unutilized 150 acres of land out of the allotted 350 acres of land by taking action u/s. 6(2-a) of the Act and Clause 4 (xiv) of the document dated 18.03.1969 — Subsequently 100 acres of the land out of the 150 acres was cancelled by order dated 17.11.2008 — Appellant:Company’s writ petition against the order dated 17.11.2008 dismissed — On appeal, held: The respondent- Authority has the power u/s. 6(2-a) to cancel the allotment of AN aa? land only in the case of allotment made by it — In the case of property transferred by the State (prior to the Act) can be dealt with by the Authority only in terms of the original document by which the property was transferred — Clause (xiv) of the terms and Conditions of the document dated 18.3.1969 (by which the property in question was transferred by the State) does not contemplate taking possession of part of the land— It only contemplates termination of the Grant in the event of failure to use the land for specified purpose — Thus, it can only be invoked in case of total failure — The allottee- Company in the present case, since established the industry, cannot be said not to have utilised the land for specified purpose — Clause (xiv) r/w clause (v) shows that it was never intended by the Grant that every inch of the land must be utilised for the purpose of establishment of industry. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2015 INSC 1028 |
Petitioner | Tata Steel Ltd. |
Respondent | State Of Jharkhand & Others |
SCR | [2015] 14 S.C.R. 1 |
Judgement Date | 2015-09-24 |
Case Number | 7929 |
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