IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH201Civil Writ Petition No.2841 of 2013 (O&M) Date of decision : 07.07.2014 M/s Suave Automotive Corporation .....Petitioner Versus HSIIDC LTD.and another ....Respondents CORAM:- HON'BLE Mr.JUSTICE SURYA KANT HON'BLE MRS.JUSTICE LISA GILL Present: Dr.
Surya Parkash, Advocate for the petitioner.
Mr.Aman Chaudhary, Advocate for respondent No.1.
Ms.Palika Monga, DAG, Haryana.
**** SURYA KANT, J.
C.M.No.7726 of 2014 Documents taken on record.
Application disposed of.
CWP No.2841 of 2013 (O&M) The petitioner was allotted an industrial plot at Bawal District Rewari in the year 2006.
With a view to provide residential accommodation to its workmen, the respondents also allotted Group Housing plots to the petitioner by draw of lots.
Plot No.GH-11 was decided to be allotted to the petitioner subject to the terms and Sharma Ritu 2014.07.31 16:00 I attest to the accuracy and integrity of this document Chandigarh Civil Writ Petition No.2841 of 2013 (O&M) -2- conditions of allotment.
The said offer was withdrawn vide impugned order dated 16.08.2010 and the appeal preferred by the petitioner against that order has also been turned down vide order dated 25.09.2012 (Annexure P-19).It may be mentioned, at this stage, that the offer to allot the Group Housing plot has been withdrawn, inter alia, on the grounds :- (i) The industry has not been set up and made functional; (ii)The petitioner did not produce any proof that requisite workers were employed at the time and the unit went into production w.e.f.10.02.2010; (iii)The details of contribution made under Section 9(A) of Punjab Labour Welfare Fund Act, 1965 in respect to the industrial workers for the relevant period were not furnished; (iv)ESI and EPF challans of the workers were either unsigned and unacknowledged or the same did not pertain to the relevant period etc.It may, thus, be seen that offer of allotment was withdrawn by the respondents on the premise that the petitioner failed to fulfill the eligibility conditions prescribed for allotment of Group Housing plot.
Sharma Ritu 2014.07.31 16:00 I attest to the accuracy and integrity of this document Chandigarh Civil Writ Petition No.2841 of 2013 (O&M) -3- It was in this backdrop that the following order was passed on 12.05.2014:- “ Heard learned counsel for the parties.
Petitioners are directed to file an affidavit(s) along with list of its employees engaged before allotment of plot (provided that there is a reference to such employees in the project report submitted by it for allotment) and those engaged after allotment of industrial site along with details of their ESI and EPF challans as on the relevant date.
List on 07.07.2014.”
.
With reference thereto, the petitioner has placed on record the details of ESI and EPF challans (Annexure P-19 to P-24) (wrongly marked).Similarly, the balance sheet for the financial years 2005-06, 2006-07 and 2012-13 have also been placed on record (Annexure P-25).Since the petitioner has taken a categoric stand before us that all the deficiencies noted by the authorities, particularly in the order (Annexure P-19) have been adequately met with, it appears to us that the petitioner's claim for restoration of LOI can be reconsidered by the authorities.
We, thus, without expressing any views on the merits, set aside the appellate order dated 25.09.2012 (Annexure P-19) with a direction to the Appellate Authority to reconsider the petitioner's appeal afresh in the light of the material placed on record of this case alongwith affidavit dated 05.07.2014.
The petitioner-industry shall be given an opportunity of hearing before deciding its appeal afresh.
The Sharma Ritu 2014.07.31 16:00 I attest to the accuracy and integrity of this document Chandigarh Civil Writ Petition No.2841 of 2013 (O&M) -4- petitioner shall also be at liberty to supplement the record of the appellate authority with any additional document, if need be.
The appeal shall be decided by passing a speaking order within a period of four months from the date of receipt of certified copy of this order.
(SURYA KANT) JUDGE (LISA GILL) JUDGE July 07, 2014 rts Sharma Ritu 2014.07.31 16:00 I attest to the accuracy and integrity of this document Chandigarh