Direction to decide pending representation as statutory review for restoration of industrial plot allotment.

The petitioner was allotted Plot No. 73 in the Industrial Area Readymade Garment Park, Gwalior, in 2015, with a formal lease deed registered in 2018.

Despite obtaining building permission in 2022 and initiating foundation work, production could not commence within the prescribed timeframe due to COVID-19 and financial constraints.

Respondent No. 3 issued a cancellation order on 02.05.2024. A subsequent appeal was conditionally allowed but later nullified on 29.07.2025 by Respondent No. 2, leading to the respondents taking possession of the plot on 08.09.2025.

A second appeal to the Principal Secretary (Respondent No. 1) was dismissed on 17.02.2026. The petitioner filed this writ petition challenging these orders and seeking a direction for the consideration of his pending representation dated 27.04.2026.

1. Whether the representative/statutory review remedy available to the petitioner under the relevant rules should be adjudicated by the State before the court exercises its discretionary jurisdiction under Article 226.

2. Whether the cancellation of the allotment was disproportionate and arbitrary given the COVID-19 pandemic and the petitioner’s bona fide steps toward construction.

Sections 43 and 46 of the Madhya Pradesh Audhyogik Bhumi Evam Bhawan Prabandhan Niyam, 2019, which govern the review mechanism and management of industrial land and buildings.

Principle of Natural Justice and the requirement for administrative authorities to pass reasoned and speaking orders when determining the rights and hardships of allottees.

The Court did not delve into the merits of the cancellation but focused on the procedural availability of a statutory remedy.

The petitioner requested that his pending representation be treated as a formal review under Sections 43 and 46 of the 2019 Niyam. Since the respondents expressed no objection to this limited prayer, the Court found it efficacious to direct the administrative authority to exercise its statutory review power.

This approach ensures that the "hardships and circumstances" cited by the petitioner—such as the pandemic and financial distress—are first evaluated by the competent authority in accordance with industrial promotion policies before further judicial intervention.

The Respondent No. 1 is ordered to decide the said application by passing a reasoned and speaking order within two weeks from the receipt of the certified copy of the judgment.