(M) vs The State Of Assam And 3 Ors on 16 March, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                  Page No.# 1/7

GAHC010020222026




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/581/2026

         ICCO PRIVATE LIMITED,
         A COMPANY REGISTERED UNDER THE COMPANIES ACT,
         1956REGISTERED OFFICE INDUSTRIAL ESTATE, BAMUNIMAIDAM
         GUWAHATI 781021DISTRICT KAMRUP (M), ASSAM REPRESENTED BY ITS
         MANAGING DIRECTOR SHRI DHRUBAJYOTI SARMA AGED ABOUT 69
         YEARS, RESIDENT OF PUB SARANIA, GUWAHATI-782003, DIST. KAMRUP
         (M), ASSAM



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE COMMISSIONER SECRETARY INDUSTRIES
         COMMERCE DEPARTMENT, DISPUR, GUWAHATI-781006

         2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM

          INDUSTRIES AND COMMERCE DEPARTMENT
          DISPUR
          GUWAHATI-6.

         3:THE ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT
         CORPORATION
          (A GOVERNMENT OF ASSAM
          UNDERTAKING)
          INDUSTRIAL ESTATE
          BAMUNIMAIDAM
          GUWAHATI-21
          DIST. KAMRUP (METRO)
         ASSAM
          REPRESENTED BY ITS MANAGING DIRECTOR.

         4:THE MANAGING DIRECTGOR
                                                                            Page No.# 2/7


             ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
            (A GOVT.OF ASSAM UNDERTAKING)
             INDUSTRIAL ESTATE
             BAMUNIMAIDAM
             GUWAHATI-21
             DIST. KAMRUP (M)
             ASSAM

Advocate for the Petitioner   : MR. A K SARMA, MR D KALITA,MR H J TAMULI

Advocate for the Respondent : GA, ASSAM, MR. S CHAMARIA, SC, AIIDC




             Linked Case : WP(C)/4889/2025

            ICCO PVT LTD
            A COMPANY DULY REGD. UNDER THE COMPANIES ACT 1956 WITH ITS
            REGD OFFICE AT THE INDUSTRIAL ESTATE
             BAMUNIMAIDAM
             GUWAHATI-21
             DIST- KAMRUP METRO
             ASSAM

            REP. BY ITS MANAGING DIRECTOR DHRUBAJYOTI SARMA

            R/O- PUB- SARANIA
            GUWAHATI-781003
            DIST- KAMRUP METRO
            ASSAM



             VERSUS

            THE STATE OF ASSAM AND OTHRS
            REP. BY
            THE COMMISSIONER AND SECRETARY
            TO THE GOVT OF ASSAM
            DEPARTMENT OF INDUSTRIES AND COMMERCE

             BLOCK D
             DISPUR
             GUWAHATI-06
                                                                    Page No.# 3/7


            2:THE ADDL. CHIEF SECRETARY
            TO THE GOVT OF ASSAM
             DEPARTMENT OF INDUSTRIES AND COMMERCE
            ASSAM SECRETARIAT
             DISPUR
             GUWAHATI-781006

            3:THE ASSAM INDUSTRIAL INFRASTRUCTURE DEVELEOPMENT
            CORPORATION
            O/O THE AIIDC
            INDUSTRIAL ESTATE
            BAMUNIMAIDAM
            GUWAHATI-21
            DIST- KAMRUP (M)
            ASSAM

            4:THE MANAGING DIRECTOR
            ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION

            O/O THE AIIDC
            INDUSTRIAL ESTATE
            BAMUNIMAIDAM
            GUWAHATI-21
            DIST- KAMRUP (M)
            ASSAM
            ------------
            Advocate for : MR D CHOUDHURY
            Advocate for : GA
            ASSAM appearing for THE STATE OF ASSAM AND OTHRS



                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 16.03.2026

Mr. A.K. Sarma, learned counsel for the petitioner; Ms. U. Das, learned Additional Senior Government Advocate, Assam for the respondent nos. 1 & 2; and Mr. S. Chamaria, learned Standing Counsel, Assam Industrial Infrastructure Development Corporation [AIIDC] for the respondent nos. 3 & 4.

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2. The petitioner has projected that after being allotted an industrial shed in the Industrial Estate at Bamunimaidam, Guwahati in the year 1964-1965 by the State respondents which subsequently came within the administration of the Assam Industrial Infrastructure Development Corporation established under the Assam Industrial Infrastructure Development Corporation Act, 1990, the petitioner has been operating his business from the said industrial shed. However, during the time of Covid-19 pandemic, the business of the petitioner had suffered badly and there was default in depositing the fixed rent against the industrial shed. A Show Cause Notice was served upon the petitioner on 28.05.2025 by the respondent AIIDC stating inter alia that the petitioner's unit was found non-functioning for several years and outstanding dues against the allotted industrial shed got accumulated to Rs. 99,26,461.00 as on March, 2024. It was further mentioned that though waiver of outstanding dues was sought for by the petitioner with an undertaking that they would pay an amount of Rs. 36,34,706.00 against the total outstanding the Board of Directors of the AIIDC

in its 35th Meeting held on 26.03.2025 arrived at a decision that no financial waiver would be considered due to non-functioning of the petitioner's unit for more than 15 years. The petitioner has claimed that the industry was running from the industrial shed till 2023.

3. The petitioner has averred that initially the petitioner was served with a statement of outstanding due of Rs. 2,21,18,556/-. Subsequently it was re- calculated after a meeting held by the Principal Secretary to the Government of Assam, Industries Department on 03.04.2021 with the AIIDC officials. In his Reply submitted to the Show Cause Notice, the petitioner had inter alia stated that the respondent no. 4 called for a meeting wherein the petitioner offered an Page No.# 5/7

amount of Rs. 36,34,706/- as one time settlement whereas the Department proposed an amount of Rs. 99,26,461/-. It is the case of the petitioner that finally the parties had amicably settled the matter at Rs. 50,00,000/- and the matter was to be placed before the Board of Directors of the AIIDC. But without any mention of the said amicable settlement, the petitioner had been served the Show Cause Notice on 28.05.2025. Subsequently by an Order dated 07.08.2025, the respondent no. 4 in exercise of its powers conferred under Section 16[d] of the AIIDC Act, 1990, cancelled the allotment of the petitioner's industrial shed on the ground that a sum of Rs. 99,26,461/-, as on March, 2024, has remained unpaid towards lease rent and the petitioner despite grant of opportunities, has failed to clear the outstanding dues.

4. After the Show Cause Notice dated 28.05.2025 and the Cancellation Order dated 07.08.2025, the petitioner has approached this Court by way of a writ petition, W.P.[C] no. 4889/2025. By an Order dated 29.08.2025, the Court while issuing notice of motion, had observed, in the interim, that as the petitioner was in possession of the industrial shed for many years and was willing to deposit a sum of Rs. 50,00,000/-, after deducting the amount already paid, within a period of 15 days therefrom, the Order of Cancellation was kept in abeyance for a period of 15 days subject to payment of Rs. 50,00,000/-, minus the amount which is stated to have been deposited [subject to verification], within a period of 15 days therefrom, failing which, the interim order would automatically stand vacated. Thereafter, the time period to deposit the sum of Rs. 50,00,000/- was extended on a number of occasions by the Court on the prayer of the petitioner.

5. It is the case of the petitioner that at an earlier point of time, the Page No.# 6/7

petitioner had deposited an amount of Rs. 9,57,337/- and finally in the month of March, 2026, the petitioner deposited the remaining amount of Rs. 40,42,663/- out of Rs. 50,00,000/-.

6. Mr. Chamaria, learned Standing Counsel, AIIDC has submitted that after the Order of Cancellation dated 07.08.2025, an eviction notice has been issued to the petitioner on 11.02.2026 by the Estate Officer and after completion of the procedural formalities as envisaged in the Public Premises Act, 1971, the necessary action for eviction of the petitioner would be undertaken.

7. By virtue of Section 30 of the AIIDC Act, 1990, the provisions of the Assam Public Premises [Eviction of Unauthorised Occupants] Act, 1971 have been made applicable.

8. On a query, the learned counsel for the petitioner has submitted that the petitioner has not received the notice issued by the Estate Officer on 11.02.2026. If the petitioner has not received the notice, the respondent AIIDC or the Estate Officer shall take necessary steps for service of eviction notice upon the petitioner.

9. The matter would require consideration.

10. Issue notice, returnable on 27.04.2026.

11. As Ms. Das, learned Additional Senior Government Advocate, Assam appeared and accepted notice on behalf of the respondent nos. 1 & 2 and Mr. Page No.# 7/7

Chamaria, learned Standing Counsel, Assam Industrial Infrastructure Development Corporation has appeared and accepted notice on behalf of the respondent nos. 3 & 4, issuance of formal notices to the said respondents are dispensed with. However, requisite nos. of extra copies of the writ petition along with annexures are to be furnished to Ms. Das and Mr. Chamaria within 2 [two] working days from today.

12. Heard the learned counsel for the parties on the interim prayer. Admittedly, as on date, the petitioner has deposited an amount of Rs. 40,42,663/- in addition to a sum of Rs. 9,57,337/- [subject to verification]. The petitioner is granted opportunity to submit a proposal offering an amount before the respondent AIIDC authorities within a period of 15 [fifteen] days from today for full and final settlement against the outstanding dues and the respondent AIIDC authorities on receipt of the proposal, shall give due consideration to the same and apprise the petitioner prior to the next date of listing about the decision taken on the proposal. If in the meantime, the proceeding, if any, initiated pursuant to the eviction notice dated 11.02.2026 stands culminated with an order prejudicial to the petitioner, than the same shall not be effected till the returnable date.

13. List the case on 27.04.2026 along with W.P.[C] no. 4889/2025.

JUDGE

Comparing Assistant