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Head Note

Constitution of India, 1950  - Article 14 , Article 226

Resumption of Land - Principles of Natural Justice - Respondent failed to establish and commence production in the sheet-glass factory within the time frame provided in the Deed of Conveyance; that it used the subject acquired land for purposes other than those allowed by the Deed; that it sold the acquired land, without written permission or any permission worth mentioning, to third parties - Despite all these happenings, the Respondent failed to make even a single representation before the Appellant State - Conduct of the Respondent has not only been utterly unfair but, in fact, it smacks of fraud, malpractice and malfeasance - It cannot be justified as a simple error which may exonerate it of the allegations levelled against it by the Appellant State - In the writ petition, the challenge was predicated on the perceived failure to adhere to the audi alterem partem rule and not to the correctness of the decision to resume possession of the land - Circumstances of the case warrant the issuance of the Resumption Notice of the land by the Appellant State - Impugned Judgment of High Court quashing resumption notice liable to be set aside - Respondent held liable to pay costs of legal proceedings which are quantified at 2 lakhs.

Topic(s)-Resumption of Land - Failure to Establish Industry - Principles of Natural Justice - - Resumption valid