V.K. Bali, J.
1. Whether new industrial policy as enshrined in Annexure P-1 that came to be issued by Director of Industries, Punjab on 2nd of August, 1996 giving tourism the status of an industry would entitle the petitioner to change of land use i.e. by converting a plot which has been allotted for industrial purposes to a hotel in an industrial area is a question that has been posed for adjudication in this case.
2. Brief facts of the case giving rise to this petition need a necessary mention. It is the case of the petitioner that he owns an industrial plot No. B-23, Phase III, Industrial Area, Mohali. This plot was allotted to the petitioner as an industrial plot way back in 1986. It is the case of the petitioner that State of Punjab issued a new industrial policy Annexure P-1 vide which hotels, restaurants and amusement/adventure parks were declared as industrial units as small scale industry and that being so permission was granted to the petitioner to run a hotel industry in the same plot. On 26th of August, 1997 General Manager of the District Industries Centre, Mohali visited the said plot and permitted to change the land for the construction of hotel. However, when the petitioner applied to PUDA for providing zoning for construction of the hotel in the same premises, Senior Town Planner, PUDA vide his letter dated 6th of October, 1998 declined to use the said plot for the purpose of hotel industry. It is this letter of Senior Town Planner dated 6th of October, 1998 (Annexure P-5) which has been challenged in the present petition.
3. Mr. G. S. Grewal, the learned Senior Counsel appearing for the petitioner contends that vide new industrial police Annexure P-1, the Government of Punjab acting through Industries of Punjab had accorded tourism the status of an industry and that being so, the General Manager, District Industries Centre, Mohali vide letter dated 26th of August, 1997 permitted the petitioner to change of the land use for the construction of hotel. In the light of new industrial policy of the Government Annexure P-1 and the letter issued by General Manager, District Industries, Mohali, the Senior Town Planner, PUDA, Mohali had no jurisdiction whatsoever to refuse permission to petitioner to change of land use and convert an industrial plot in industrial area to a hotel. In any case, order Annexure P-5 is illegal being opposed to the industrial policy Annexure P-1, further contends the learned Counsel.
4. We have given not anxious thought to the contentions raised by the learned Counsel. In view of the new industrial policy Annexure P-1 as also in view of the fact that the plot of petitioner is located in an industrial area and was allotted to the petitioner for industrial purpose only, we find nothing illegal in order Annexure P-5 passed by Senior Town Planner PUDA. Coming first to the new industrial policy Annexure P-1, it shall be seen that even though tourism was accorded the status of industry, the same was, however, for the purposes of giving incentives to hotels, restaurants and amusement/adventure parks. These incentives are the same as were and are being given to the other industrial units. Reading of Annexure P-1 shall leave no one in doubt that the tourism has been accorded a status of industry and now the same incentives can be given to hotels, restaurants and amusement/adventure parks which were or are being given to other industries located in the State of Punjab. The relevant part of new industrial policy Annexure P-l reads as follows :–
“As per the New Industrial Policy of Punjab, tourism has been accorded the status of industry. Rule 11 of the Industrial Incentive Code notified vide Notification No. Inch. II/15/43/96-5/IB/ 4176, dated the 1st June, 1996 provides for incentives to hotels, restaurants and amusement/ adventure parks which come up in an authorised manner and obtain a licence/registration from Tourism Department of the Central or State Government shall be entitled to incentives mentioned in the above cited rule. For enabling these units to avail the incentives they are required to be registered as Industrial Unit with the concerned General Manager, District Industries Centre.”
5. After reading the relevant part of the new industrial policy as has been reproduced above, this Court is in no doubt whatsoever that hotelier can get the same incentive as admissible to other industries located in the State of Punjab. This policy neither directly nor indirectly suggests that an industrial plot as such in the industrial area can be converted into a hotel. In other words Annexure P-1 nowhere talks of permission for change of land use. In so far as letter Annexure P-4 issued by the General Manager, District Industries Centre, Mohali is concerned, the same appears to have been wrongly issued. The General Manager, District Industries Centre has made a mention of new industrial policy but we are of the view that he has wrongly interpreted the said policy. As mentioned above, this policy does not talk of permission of change of land use. Even otherwise, we are of the view that ahotel made in midst of smoke emitting industries would not augur well for tourism or for those who might visit the hotel. In view of what we have said above, no fault at all can be found with the order dated 6thof October, 1998 (Annexure P-5) passed by Senior Town Planner, PUDA, Mohali.
6. Finding no merit in this petition, we dis
miss the same in limine.
