TaxTMI 
TaxTMI 
TaxTMI 
2014 (10) TMI 837
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....cond Respondent to the Writ Petition should visit him with a direction from this Court to consider the Petitioners request so as to allow them to continue and utilize Unit No. 101, SDF-IV, SEEPZ, Andheri (East), Mumbai 400 096. 3. In the present case on the own showing of the Petitioners by virtue of an Application made before the Special Economic Zones Act, 2005 was enacted they were granted permission for setting up an industrial unit for development of computer software and services. An Application was made on 11th August 1995 for grant of such permission and on 10th October 1995 a letter of approval was issued in favour of the Petitioners. That letter of approval itself sets out the terms and on which the Petitioners have based their case. It has been categorically stated therein that this letter is valid for a period of one year from the date of its issue for commencement of commercial production and will automatically lapse if an Application for the extension of the validity period of this letter of approval is not made before the expiry of the said period of one year. On 1st May, 1996 letter of possession in respect of this Unit ad-measuring 334 square meters was issue....
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....ension of the tenancy agreement. Mr. Naidu would submit that a tenancy agreement draft and duly signed by the authorized representative of the Petitioners was forwarded but no action has been taken on the request of the Petitioners and as contained in the communications commencing from as early as October 2001. In the meanwhile, the argument is that appraisal or progress reports have been duly forwarded which show that the Petitioners continued their business operations and particularly of export of software/information technology. The business therein is not dwindling or can by no stretch of imagination be termed as unsatisfactory performance. In these circumstances, our attention is invited to a letter dated 24th April, 2006, copy of which is at page 137 of the paper book. Conceding that in terms of this letter the Petitioners applied on 8th May, 2006 to the Development Commissioner and requested him to approve the projections and even execute a tenancy agreement, it is the inaction of the Authorities and threats of dispossession which according to the Petitioners enable them to approach this Court in writ jurisdiction. The argument therefore is that the Petitioners cannot be dis....
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.... have perused the Writ Petition and all relevant Annexures thereto. We have perused the Affidavits-in-Reply, Rejoinder and Sur-Rejoinder. At the outset we must emphasize that this case is of a public property and vesting in the authorities for being held by them as Trustees of the Public. They cannot at their sweet will, whims and fancy take a decision to allot a property of this nature nor distribute or hand over it to anybody of their choice. Public property must be dealt with and disposed of in an open and transparent manner. That is by public participation. That is inviting all industries existing or proposed or those interested in setting up a Unit in the Industrial Zone to apply for an approval or permission in terms of the Special Economic Zones Act, 2005. Needless therefore to say that the ignorance of or inaction regarding continued occupation of a party like the Petitioners, by public officials or authorities can never be countenanced and upheld. If anybody gets an impression that by inaction of these authorities any rights are created in their favour in public properties and lands then, that impression must immediately be removed. None can continue much less squat on pub....
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....ligations of parties. Little do they realize the consequences of such a direction to 'consider'. If the representation is considered and accepted, the ex-employee gets a relief, which he would not have got on account of the long delay, all by reason of the direction to 'consider'. If the representation is considered and rejected, the ex-employee files an application/writ petition, not with reference to the original cause of action of 1982, but by treating the rejection of the representation given in 2000, as the cause of action. A prayer is made for quashing the rejection of representation and for grant of the relief claimed in the representation. The Tribunals/High Courts routinely entertain such applications/petitions ignoring the huge delay preceding the representation, and proceed to examine the claim on merits and grant relief. In this manner, the bar of limitation or the laches gets obliterated or ignored. 7. Every representation to the government for relief, may not be replied on merits. Representations relating to matters which have become stale or barred by limitation, can be rejected on that ground alone, without examining the merits of the claim. In regard to repre....
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....opment and Investment Corporation & Anr. v. Diamond and Gem Development Corporation Ltd. & Anr. reported in AIR 2013 Supreme Court 1241 has summarized the legal principles particularly on issuance of a writ of mandamus in the following words : "14. ............... The primary purpose of a writ of mandamus, is to protect and establish rights and to impose a corresponding imperative duty existing in law. It is designed to promote justice (ex debito justiceiae). The grant or refusal of the writ is at the discretion of the court. The writ cannot be granted unless it is established that there is an existing legal right of the applicant, or an existing duty of the respondent. Thus, the writ does not lie to create or to establish a legal right, but to enforce one that is already established. While dealing with a writ petition, the court must exercise discretion, taking into consideration a wide variety of circumstances, inter alia, the facts of the case, the exigency that warrants such exercise of discretion, the consequences of grant or refusal of the writ, and the nature and extent of injury that is likely to ensue by such grant or refusal. 15. Hence, discretion must be exer....
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....to or thereafter or rent was paid and receipts were collected that does not mean that the Petitioners are possessing any right to continue in the premises. We see some basis for this because it is conceded as noted above that so long as there is no valid tenancy agreement and in respect of the premises then all such pleas and requests for either grant or continuation of the letter of approval by themselves will not mean that the Petitioners have a lease in their favour to occupy and use the premises. In such circumstances and when this is the conceded position we need not advert to these contentions of the Petitioners or the Respondents in that regard. Further, we are of the view that whether the Petitioners failed to achieve the minimum export obligation or target during the initial five years block and later on is a dispute which cannot be resolved by us in writ jurisdiction. It is a factual aspect and we cannot go into the same. More so, when we have been shown a letter from the Petitioners themselves and at page 57 of the Petition paper book Annexure 'F' which states that they are submitting their revised import/export production for the five year block commencing from 2001-200....
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....ng emanating from the authorities which would enable the Petitioners to argue and successfully that a letter of approval has been issued in their favour and the lease agreement must therefore follow. In such circumstances, we cannot utilize writ jurisdiction to force the authorities to pass any orders on the representation made by the Petitioners and to extend the letter of approval or to grant any fresh approval. In the given facts and circumstances we cannot also direct the authorities to execute a tenancy agreement in favour of the Petitioners. The Authorities must deal with the immovable property in accordance with the Special Economic Zones Act, 2005 and the constitutional mandate emerging from the Hon'ble Supreme Court judgment in the case of Akhil Bhartiya Upbhokta Congress v. State of Madhya Pradesh & Ors. reported in AIR 2011 SC 1834 held as under : "25. In Kasturi Lai Lakshmi Reddy v. State of J And K (1980) 4 SCC 1 : (AIR 1980 S.C. 1992), Bhagwatl J. speaking for the Court observed : (Para 14 of AIR) : "Where any governmental action fails to satisfy the test of reasonableness and public interest discussed above and is found to be wanting in the quality of reasonab....
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....t is so satisfied, it would be the plainest duty of the court under the Constitution to invalidate the governmental action. This is one of the most important functions of the court and also one of the most essential for preservation of the rule of Jaw. It is imperative in a democracy governed by the rule of law that governmental action must be kept within the limits of the law and if there is any transgression, the court must be ready to condemn it. It is a matter of historical experience that there is a tendency in every Government to assume more and more powers and since it is not an uncommon phenomenon in some countries that the legislative check is getting diluted, it is left to the court as the only other reviewing authority under the Constitution to be increasingly vigilant to ensure observance with the rule of law and in this task, the court must not flinch or falter. It may be pointed out that this ground of invalidity, namely, that the governmental action is unreasonable or lacking in the quality of public interest, is different from that of mala fides though it may, in a given case, furnish evidence of mala fides.          &em....
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....ty, the actual exercise of allotment must be done in a manner consistent with the doctrine of equality. The competent authority should, as a matter of course, issue an advertisement incorporating therein the conditions of eligibility so as to enable all similarly situated eligible persons, institutions/organisations to participate in the process of allotment, whether by way of auction or otherwise. In a given case the Government may allot land at a fixed price but in that case also allotment must be preceded by a wholesome exercise consistent with Article 14 of the Constitution. 34. The allotment of land by the State or its agencies/instrumentalities to a body/organization/ institution which carry the tag of caste, community or religion is not only contrary to the idea of Secular Democratic Republic but is also fraught with grave danger of dividing the society on caste or communal lines. The allotment of land to such bodies/organisations/ institutions on political considerations or by way of favoritism and/or nepotism or with a view to nurture the vote bank for future is constitutionally impermissible." 16 That the authorities have not taken any decision on the pending ....