M/S Jaya Plastic Industry v. The State of Assam and 3 Ors

ORDER Date : 18-12-2023 The three writ petitions are taken up for disposal by this common order taking into account that in similar cases, a coordinate Bench of this Court has also passed certain orders in respect to similar issues.

¶2WP(C) 5234/2015 and WP(C) 5345/2015 have been filed by the same petitioner. All the petitioners in these three writ petitions had applied for sheds in the Industrial Estate, Bongaigaon, on lease. The petitioner in WP(C) 5234/2015 and WP(C) 5345/2015 was leased out separate industrial sheds for which two writ petitions have been filed. The petitioners in all these three writ petitions are aggrieved by the enhancement of the lease rent and, that too, retrospectively from the year 2000.

¶3Learned counsel appearing for the parties have submitted before this Court that similar issues have already been decided by the Coordinate Bench of this Court vide an order dated 28.10.2013, passed in WP(C) 2199/2008. Subsequently, the said order was also followed by this Court while disposing of WP(C) 4640/2015 and WP(C) 5153/2015.

¶4Mr. M. Mahanta, learned counsel appearing for the respondent Assam Industrial Infrastructure Development Corporation (AIIDC) submits that these orders, which Page No.# 5/5 have been passed by the Coordinate Bench of this Court have been duly complied with the State authorities and no appeals have been filed thereagainst.

¶5Taking into account the above, this Court also proposes to dispose of the three writ petitions on the same line, as hereunder:

(1) This Court is not inclined to interfere with the increase in the lease rent with effect from 01.05.2008 and, as such, the Respondent AIIDC would be at liberty to collect the rent at the said enhanced rate with effect from

01.05.2008, as stated in the impugned Demand Notice.

(2) This Court, taking into account the orders passed by the Coordinate Bench of this Court, interferes with the action of the respondent authorities in imposing enhanced rate of rent with effect from the year 2000 till 30.04.2008. Under such circumstances, the respondent AIIDC is restrained from collecting any rent at the enhanced rate from the petitioners on the basis of the impugned Demand Notice for the period up to 30.04.2008.

¶6The instant three writ petitions therefore stand disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010178282015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5345/2015o M/SoSHAPPHIREoOILoINDUSTRIESoLIMITEDo FACTORYoSHEDoNO.4,oINDUETRIALoESTATE,oNEWoBANGAIGAON,oP.O.o BONGAIGAON,oDIST.oBONGAIGAON,oASSAM.oREP.oBYoITSoDIRECTOR-oSMT. MANJUoDEVIoJAIN,oW/O.oSRIoJIWANoMALoJAIN,oR/O.oSASHTRIoROAD,oP.O.o BONGAIGAON,oDIST.oBONGAIGAON,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo THROUGH-oTHEoSECY.,oTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFoINDUSTRIES, DISPUR,oGHY-06. 2:THEoDIRECTORoOFoINDUSTRIES oASSAM oBAMUNIMAIDAN oGHY-21. 3:THEoMANAGINGoDIRECTOR oASSAMoINDUSTRIALoINFRASTRUCTUREoDEVELOPMENToCORPORATION oAoGOVT.oOFoASSAMoUNDERTAKINGoBAMUNIMAIDAS oGHY-21 4:THEoGENERALoMANAGER oDIST.oINDUSTRIESoANDoCOMMERCEoCENTRE oBONGAIGAON oP.O.oBONGAIGAON oDIST.oBONGAIGAON oASSAM. Page No.# 2/5 5:ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION REPRESENTED BY ITS CHAIRMAN GUWAHATI-21 Advocate for the Petitioner : MS.A DAS Advocate for the Respondent : MS.A DEVI Linked Case : WP(C)/5234/2015 M/S SAPPHIRE OIL INDUSTRIES LIMITED FACTORY SHED NO.3 INDUSTRIAL ESTATE NEW BONGAIGAON P.O. and DIST- BONGAIGAON ASSAM REP. BY ITS DIRECTOR SMTI MANJU DEVI JAIN W/O SRI JIWAN MAL JAIN R/O SASHTRI ROAD P.O. and DIST- BONGAIGOAN ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS THROUGH THE SECY. TO THE GOVT. OF ASSAM DEPTT. OF INDUSTRIES DISPUR GHY-6 2:THE DIRECTOR OF INDUSTRIES ASSAM BAMUNIMAIDAN GHY-21 3:THE MANAGING DIRECTOR ASSAM INDUSTRIAL INFRASTRUCTURE DEVEL. CORPORATION A GOVT. OF ASSAM UNDERTAKING BAMUNIMAIDAN GHY-21 4:THE GENERAL MANAGER DISTRICT INDUSTRIES AND COMMERCE CENTRE Page No.# 3/5 P.O. and DIST- BONGAIGAON ASSAM ------------ Advocate for : MR.F HUSSAIN Advocate for : appearing for THE STATE OF ASSAM AND 3 ORS Linked Case : WP(C)/6214/2015 M/S JAYA PLASTIC INDUSTRY FACTORY SHED NO. 23 INDUSTRIAL ESTATES NEW BONGAIGAON P.O. BONGAIGAON DIST. BONGAIGAON ASSAM REP. BY ITS PROPRIETOR SRI DHARMENDRA KUMAR DAKALIA S/O SRI SUNDAR LAL DAKALIA R/O WARD NO. V MAIN ROAD P.O. BONGAIGOAN PIN - 783381 DIST. BONGAIGOAN ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS THROUGH- THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF INDUSTRIES DISPUR GUWAHATI -6. 2:THE DIRECTOR OF INDUSTRIES ASSAM BAMUNIMAIDAN GUWAHATI-21. 3:THE MANAGING DIRECTOR ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION A GOVT. OF ASAM UNDERTAKING BAMUNIMAIDAN GUWAHATI-21. 4:THE GENERAL MANAGER Page No.# 4/5 DISTRICT INDUSTRIES AND COMMERCE CENTRE P.O.BONGAIGOAN DIST. BONGAIGOAN ASSAM. ------------ Advocate for : MS.K L R YANTHAN Advocate for : appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH