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2018 (10) TMI 2019 - SC - Indian LawsResumption of the Industrial Plot No. 306, Industrial Area, Phase-II, Panchkula allotted to M/s. Shiva Dairy & Oil Mills - whether such concurrent findings recorded by the Authorities and also by the High Court suffer from any serious infirmity warranting interference by this Court? - HELD THAT:- The allotment of Industrial Plot No. 306, Industrial Area, Phase-II, Panchkula in 1984 to Rabinder Nath was in his capacity as Managing Director of M/s. Shiva Dairy & Oil Mills. The plot was thus allotted to the partnership firm. The Appellants have not been able to show as to how they stepped into the shoes of the partnership firm, apart from the mere fact that they are legal heirs of Rabinder Nath. As discussed earlier, at the time of making application for allotment of industrial plot, the applicant has to clearly disclose all the facts regarding the type of industry to be started, licence if necessary under law, project report, estimated cost of project, details regarding time required in completing the project, details of employees required, source of fund etc. The project so submitted is then approved by the competent authority after considering its viability. The applicants are then issued letter of intent/provisional allotment letter with condition to complete the other formalities within the stipulated period of time and after completion of formalities, regular allotment letter is issued in favour of the applicant. The court can interfere with the revocation of resumption of land only if the executive has not carried out its duty or acted in violation of the procedure. Clause (11) of the terms and conditions of allotment clearly stipulates that in the event of breach of any of the conditions of transfer, the Estate Officer may resume the land in accordance with the provisions of Section 17 of the HUDA Act, 1977 - The order of resumption of the plot is as per the terms and conditions of the allotment order and the High Court rightly refused to interfere with the order of the Revisional authority. The Appellants having failed before all the forums including the High Court and also the Revisional authority, there are no serious infirmity or illegality in the order of resumption of the plot and therefore, this appeal is liable to be dismissed. Appeal dismissed.
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