Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Metal Seam Co. of India (P) Ltd. Vs. Avadh Delicacies & Ors.

Head Note

Constitution of India, 1950  - Article 14 , Article 226

Industrial Shed - Cancellation of Allotment - Principles of natural justice - Alleged violation - Judicial review - Requisite notices were issued to Respondent No.1 and that it was afforded adequate opportunity - Petition wrongly allowed on the ground that no opportunity was given to Respondent No.1 - Respondent No.1 had closed its operation in the year 1997 - Nothing placed on record, no licence is adverted to nor is it shown how and in what manner Respondent No.1 started its activity of manufacturing PVC pipes - Nothing was filed or placed on record pursuant to notices dated 20.03.1998 and 27.03.1998 - Submissions that Respondent No.1 has been conducting activity of manufacturing of PVC pipes repelled - Claim of Respondent No.1 must therefore be rejected.

Constitution of India, 1950  - Article 14 , Article 226

Public Largesse - Industrial Shed - Cancellation of allotment - Claim for re-allotment - Allotment in favour of respondent No. 1 stood canceled -Claim by appellant for re-allotment of shed to him as the same adjacent to his shed - Appellant has been having allotment of three sheds namely B-6, C-1 and C-2 in its favour in the same Industrial Estate - No special equities are in its favour and no case is therefore made out for allotment of concerned shed to the Appellant -Observation of the High Court that the order dated 15.06.1998 was issued without any public auction or inviting tenders and as such was completely unsustainable and held to be absolutely correct - Order of allotment dated 15.6.1998 passed in its favour therefore stands set aside - Authorities directed to conduct public auction or invite tenders for allotment of the concerned shed at the present market value - Appellant and Respondent No.1 or any other person is free to participate in such public auction or tender.

Topic(s)-Industrial Shed - Cancellation of Allotment - Cancelation valid

Full Judgement Body

@2016 Indian Law
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