2020 (11) TMI 1081 - SC - Indian Laws

Conversion of the land to industrial use - Whether the land in question which is situate at 12/6, Sector 27C, Faridabad and situated on the Mathura Road has been converted to industrial use? - HELD THAT - In order to enable this Court to have an authoritative statement of the factual position from an official source entrusted with the authority to take the decision on conversion of land use, notice is issued to the State of Haryana, Haryana Shahari Vikas Pradhikaran (HSVP) and to the Director of Town and Country Planning. They shall before the next date of listing file affidavits indicating whether permission was granted for conversion of the land to industrial use. The above direction is passed having regard to the provisions of the Punjab Scheduled Road and Controlled Area Restriction of Unregulated Development Rules 1965, more particularly Rules 26(A) to 26(F) - List the appeals on 2 December 2020.

Summary

Issues involved:
1. Request for directions to the Liquidator for due diligence by prospective bidders.
2. Controversy regarding the conversion of land to industrial use at a specific location.
3. Issuance of notice to State authorities for clarification on land use conversion.
4. Compliance with rules regarding land use conversion.
5. Extension of time for due diligence by appellants.

Analysis:

1. The appellants filed an application seeking directions for due diligence as prospective bidders required more time. They requested the Liquidator to provide relevant information and documents about the property and allow site inspections. The Liquidator had no objection to permitting inspection of documents and land with a 48-hour notice.

2. The main issue revolved around the conversion of land located at a specific address to industrial use. The Court aimed to obtain an official statement from relevant authorities regarding the land's conversion status. Notices were issued to the State of Haryana, Haryana Shahari Vikas Pradhikaran (HSVP), and the Director of Town and Country Planning to file affidavits indicating if permission was granted for the land's industrial use conversion.

3. The Court referred to the Punjab Scheduled Road and Controlled Area Restriction of Unregulated Development Rules 1965, specifically Rules 26(A) to 26(F), to support the direction issued to the State authorities. The Standing Counsel for the State of Haryana was directed to ensure compliance with the Court's directions.

4. Emphasizing cooperation, the Liquidator was instructed to provide necessary assistance as assured by their counsel. The time for due diligence by the appellants was extended until the next listing date. Failure to submit a concrete bid would lead the Court to proceed with the appeals based on existing records.

5. The appeals were scheduled for listing on 2 December 2020 to monitor progress and compliance with the Court's directions. The judgment aimed to address the due diligence requirements of prospective bidders and clarify the status of land conversion to industrial use through official affidavits from relevant State authorities.