Gujarat High Court
Midco Containers Private Ltd. & Anr vs The State Of Gujarat And Ors on 24 July, 2016
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
C/SCA/12445/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 12445 of 2016
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MIDCO CONTAINERS PRIVATE LTD. & ANR
Versus
THE STATE OF GUJARAT AND ORS.
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Appearance:
SHRI S.I.NANAVATI, SENIOR ADVOCATE with MR. SAURIN MEHTA,
ADVOCATE AND MS ANUJA S. NANAVATI, ADVOCATE for the Petitioners
None for the respondents
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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 24/07/2016
ORAL ORDER
1. This matter has been moved urgently today i.e. 24.7.2016 at the residence, and looking to the urgency, permission has been granted, for which the photographs are produced.
2. The present Petition is filed by the Petitioners under Articles 226, 14, 19(1)(g) and 300A of the Constitution of India as well as under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 and Page 1 of 5 HC-NIC Page 1 of 5 Created On Sat Aug 06 05:08:38 IST 2016 C/SCA/12445/2016 ORDER the Rules famed there under.
3. Heard learned Senior Counsel Shri S.I.Nanavati appearing with learned Advocate Shri Saurin Mehta for the Petitioners.
4. Learned Senior Counsel Shri S.I. Nanavati has referred to the background of the case and submitted that, as stated in detail in the Petition, the Ambica Mills Limited went into liquidation. However, before it went into the liquidation, the property in question was purchased by the Petitioner Company. However, as it went into liquidation, the sale deed has not been executed. It is stated that the Petitioners have been using and occupying the land in question for all these years and he also referred to the background with the sketch produced at page 20 and submitted that the moot question, which is required to be considered is that, out of the whole portion of the land bearing Page 2 of 5 HC-NIC Page 2 of 5 Created On Sat Aug 06 05:08:38 IST 2016 C/SCA/12445/2016 ORDER Survey No. 21/1, 21/2 and 21/3, the same has been reconstituted pursuant to the proposed T.P. Scheme and the portion thereof, which was reserved for industrial purpose, is now, sought to be changed. He also referred to the Notice at pages 19 and 13 and submitted that, on reconstitution of the portion of the land of the Petitioners, the same is now sought to be given to the private owners,for the Jain Temple, which will change the very purpose. He submitted that if it was for the same industrial purpose, then the Petitioners may have the option of even purchasing the same when it is put to sale for the industrial purpose, for which it has been shown as reserved.
5. As it appears prima facie, the Suit was filed, but, since, it is a matter of T.P.Scheme, which is finalized, the same would be a law and the Petitioner would have the option for moving the Government for Page 3 of 5 HC-NIC Page 3 of 5 Created On Sat Aug 06 05:08:38 IST 2016 C/SCA/12445/2016 ORDER variation. However, learned Senior Counsel Shri Nanavati has submitted that he has a strong objection with regard to the change of purpose itself, which is not permissible. In any case, before he could have his option of hearing before the Government, the action taken for demolition and removal or taking over the possession would cause prejudice to the petitioners. He therefore submitted that the present Petition may be entertained and Notice may be issued for the further relief, and till then, the status quo may be maintained to prevent the further damage to the Petitioners. He also submitted that the possession may not be taken over pending the hearing of this Petition. Learned Senior Counsel Shri Nanavati has submitted that, as it is a change of purpose, then what was provided in the Scheme, he may move the Government in accordance with law.
6. In the circumstances, having regard to the Page 4 of 5 HC-NIC Page 4 of 5 Created On Sat Aug 06 05:08:38 IST 2016 C/SCA/12445/2016 ORDER background of the facts and the submissions, as and by way of interim measure, the following order is passed.
Notice to the Respondents, returnable on 28.7.2016.
In the meanwhile, status quo with regard to the demolition or the possession of the land in question be maintained as on today, till then.
Direct service permitted today.
(RAJESH H.SHUKLA, J.) JNW Page 5 of 5 HC-NIC Page 5 of 5 Created On Sat Aug 06 05:08:38 IST 2016