IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18148 of 2009 Date of decision: 27th November, 2009 M/s Eastman International and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sunil Kumar Mukhi, Advocate for the petitioners. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present writ petition has been fled seeking quashing of the order (Annexure P-1) passed by Principal Secretary, Industries and Commerce, Punjab. One Swarn Singh was allotted a plot measuring 1000 sq. yards by Punjab Small Industries & Export Corporation Ltd. (hereinafter referred to as, ‘PSIEC’) on 21st November, 1996. The plot was not having proper shape, therefore, PSIEC decided to allot alternative plot bearing No.E-657B on 29th August, 2007. The same was also not found suitable and PSIEC decided to allot another plot bearing No.E-625A in Phase-VII, Focal Point, Ludhiana. Later, allotment of this plot was cancelled. The allottee approached this Court by filing Civil Writ Petition No.3046 of 2009. The petitioner, who was aggrieved of allotment of this plot, on the ground that the passage used from last 30 years is converted into plot, had also filed CM No.7791 of 2009. This Court, taking into consideration the fact that before passing the cancellation order no opportunity of hearing was afforded to the allottee, asked the Principal Secretary, Industries and Commerce, Punjab to pass an order after hearing all the concerned parties. In compliance of the order passed by this Court, Principal Civil Writ Petition No. 18148 of 2009 Secretary, Industries and Commerce, Punjab had passed order (Annexure P-1), quashing of which has been sought in the present writ petition. The Principal Secretary, Industries and Commerce, Punjab took into consideration that civil suit is pending and order of status quo has been passed. He also took into consideration the statement made by Sarabjit Singh, SDE, PSIEC that the possession of the plot has been handed over to the allottee. He also took into consideration that in the layout plan of Phase-VII, Focal Point, Ludhiana, ownership of the land falling between plot No.B-48 and C-203A is of PSIEC and the MC Ludhiana has no right to use this plot. He further took into consideration that there is no road between plot No.B-48 and C-203A and as per the plan there are two plots bearing No.E-625A and F-19A and that the private parties have their own 22 feet wide road for transportation behind the boundary of PSIEC plots bearing No.E-625A and F-19A. The field report of SDE, PSIEC, Ludhiana regarding sewerage line and electric poles was also taken into consideration. Principal Secretary, Industries and Commerce, Punjab passed a detailed order and concluded as under: “Considering the above facts and circumstances and orders passed by Hon’ble High Court dated 13.07.2009, it is evident that ownership of piece of land in question situated between plot No.B-48 and C-203 A, Phase-VII, Focal Point, Ludhiana absolutely vests in PSIEC since acquisition of land for setting up the focal point. This factum has not been controverted by other representationists covered under CM No.7791 of 2009. This piece of land was kept reserved/ unplanned while finalizing the layout plan of Phase-VII, Focal Point, Ludhiana by PSIEC. Since the said land being Govt./ PSIEC’s property, the factory owners situated beyond the boundary of PSIEC have no locus-stand to utilize this land as a passage or otherwise staking any claim for the same. PSIEC being the absolute owner of the land has all rights to plan and utilize the land in the manner as deemed appropriate. It is accordingly ordered to re-allot plot No.E-625 A, Phase-VII, Focal Point, Ludhiana to the petitioner i.e. Sh.Swaran Singh in 2 Civil Writ Petition No. 18148 of 2009 lieu of plot No.E-657 B, Phase-VII, Ludhiana on the original terms & conditions of allotment.” I have perused the order passed by the Principal Secretary, Industries and Commerce, Punjab. This Court has got no expertise and skill to determine what is more convenient, suitable and adds more facilities. This is the job of those, who are vested with these powers. Simply because the plot, which vests in PSIEC, was used as a passage for the last 30 years, will vest no right in the petitioner to claim that public property should always remain as a passage. The order (Annexure P-1) passed by the Principal Secretary, Industries and Commerce, Punjab is a well reasoned order and is based on the facts. Therefore, this Court, in a writ jurisdiction, shall refrain to substitute its own opinion with the one formulated by the concerned authority, especially when no allegation of malafide has been leveled. The impugned order is neither perfunctory nor perverse. Therefore, no interference is warranted and the present writ petition is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE November 27, 2009 rps 3