M/S HINDUSTAN ZINC LIMITED v. STATE INFRASTRUCTURE AND INDUSTRIAL DEVELOPMENT CORPORATION
WPMS/2538/2025 · 2025-08-27
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10592 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10592 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7598 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2538/2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. Uday Nath Tiwary, Mr. Udai Vikram Singh Rathore, Mr. Parikshit Singh Chauhan & Mr. Ajay Joshi, Advocates for the petitioner.
2. Mr. Vipul Sharma, Advocate for the respondents.
3. Petitioner was leased out a plot in Industrial Estate, SIIDCUL, Haridwar and the lease deed was executed in his favour on 18.09.2007. The lease granted to the petitioner, however, has been cancelled vide order dated 26.07.2023, passed by Regional Manager, SIIDCUL. Thus, feeling aggrieved, petitioner has approached this Court, challenging the cancellation order.
4.
Learned counsel for the petitioner submits that the lease period is still subsisting, as lease was granted for a period of 90 years; petitioner was not heard while cancelling the lease, thus principles of natural justice were violated; and the cancellation was ordered, not as per the terms of the lease, but pursuant to the Cancellation Policy, formulated in 2018.
5. Mr. Vipul Sharma, learned Counsel appearing for the SIIDCUL, however, submits that petitioner was issued a show cause notice on 06.04.2022, therefore, petitioner’s contention that hearing was not given, is not correct. He further submits that petitioner stopped production for a period of five years,
2025:UHC:7598 which amounts to violation of the conditions of lease. He, however, submits that since petitioner’s application seeking permission for change of use of the land is pending consideration before the Managing Director, SIIDCUL, therefore, decision on the said application shall be taken by the Managing Director, within the time-frame stipulated by this Court.
6. In such view of the matter, the writ petition is disposed of by directing the Managing Director, SIIDCUL to consider and decide petitioner’s application for restoration of lease and also for change of use of land, within eight weeks from today.
7. For a period of eight weeks or till decision is taken by the competent authority, whichever is earlier, petitioner shall not be dispossessed from the land leased out to him.
(Manoj Kumar Tiwari, .J.)
27.08.2025 Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a1 31bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D 653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.27 17:37:57 +05'30'