2019 (8) TMI 1597

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....rial Policy and Promotion, Government of India has introduced ascheme known as the Industrial Park Scheme, 2002. Under the said scheme there are two different schemes such as "Automatic Route" and "Non-automatic Route.In the "Automatic Route" there is a condition under 6(f). The condition is that the allottee shall use 50% ofallocable land for the purpose of industry. The petitioner being the absolute owner of the immoveable property bearing No.96 and 104, P-2, EPIP Industrial Area, Whitefied, Bangalore, made an application under the "Automatic Route". The scheme was approved and permission was granted. Thereafter, he made an application to choose the "Non-automatic Route". Inorder to consider his case for allotment for "Non-Automatic Route....

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....ch entitles to utilise 90% of the allocable area, the petitioner notwithstanding in compliance of the same, the respondent has withdrawn the permission grantedon 14.03.2012, which is impugned in the writ petition before the learned Single Judge. The learned SingleJudge by the order dated 18.11.2015 allowed the petition and set aside the withdrawal order. Against which, this appeal is filed. 3. The ground taken by the appellants/Government is that the "Automatic Route" in IPS scheme 2002 condition was that the petitioner shall not utilize more than 50% for a single industrial unit. On inspection, it is found that he has utilized more than 90% which is in violation of the scheme and the learned counsel justified withdrawal order. It is sub....