Gujarat High Court
Zala vs State on 19 January, 2010
Author: M.R.Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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SCA/13763/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13763 of 2008
===================================
ZALA
HARIBHAI MITHABHAI & 11 - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
===================================
Appearance :
MR
AJ SHASTRI for Petitioner(s) : 1 - 12.
GOVERNMENT PLEADER for
Respondent(s) : 1,
NOTICE SERVED for Respondent(s) : 1 - 4.
MR
ANSHIN H DESAI for Respondent(s) : 1 - 2,5 - 6.
SERVED BY
AFFIX.(N) for Respondent(s) : 5 -
6.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 19/01/2010
ORAL
ORDER
It is very unfortunate that even in the matter of 2008 the State Government has not filed any reply and defended their policy of divesting the Gaucher land for industrial purpose. Shri NK Raval, learned AGP prays for time. Shri Anshin Desai, learned advocate for the private respondents has submitted that in fact respective respondents have spent more than Rs. 5 lacs for public hearing when the objections were invited. It is submitted that it is the practice of the Government that whenever any public hearing is given and the land is proposed to be allotted to any industrial concerned, all expenditure are to be borne by the concerned company. Meaning thereby according to the private respondent they are investing amount before actual allotment. This Court fails to appreciate how the proposed allottee can be compelled to incur the expenditure prior to actual allotment. Be that it may, aforesaid entire policy of the State Government of divesting the gaucher land for industrial purpose deserve to be considered and the same can be considered only after affidavit in reply is filed by the State Government, which is not filed till date. It is reported that except formal allotment in favour of the private respondent no further activity and / or any action is taken by the private respondent and even the permission from the other competent authority are also yet to be obtained. In that view of the matter, stand over to 3.2.2010. In the meantime, all concerned are directed to maintain status quo as on today. The objections on behalf of the private respondent with respect to the maintainability of the present petition at the instance of the petitioners and/ or their credibility shall be considered on the next date of hearing.
(M.R.SHAH,J.) kaushik Top