Nariman Point Chemical Industries vs Gujarat Industrial Development ... on 19 December, 2018

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Gujarat High Court

Nariman Point Chemical Industries vs Gujarat Industrial Development ... on 19 December, 2018

Bench: Vipul M. Pancholi

        C/SCA/19978/2018                            ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 19978 of 2018
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             NARIMAN POINT CHEMICAL INDUSTRIES
                            Versus
       GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION
==========================================================
Appearance:
MR ASIT B JOSHI(2567) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1,2,3,4,5
==========================================================
 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
                    Date : 19/12/2018
                     ORAL ORDER

1. In this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed that the respondent GIDC be directed to decide the representations dated 18.03.2017 and 21.12.2017 submitted by the petitioner with regard to Plot No.29 situated at Umargam GIDC, Vapi.

2. Heard learned advocate Mr.Asit B. Joshi for the petitioner.

3. Learned advocate for the petitioner has referred the averments made in the petition and submitted that the dispute is with regard to Plot No.29 situated at Umargam GIDC, Vapi. It is the case of the petitioner Page 1 of 4 C/SCA/19978/2018 ORDER that the original allottee submitted an application dated 26.10.1994 and requested the respondent GIDC to transfer Plot Nos.29 and 30 in favour of the petitioner upon payment of the requisite transfer fees. Such request was approved by the respondent GIDC on certain conditions. Provisional transfer of Plot No.29 was granted on 07.03.1995 by the respondent GIDC in favour of the petitioner. The petitioner paid Rs.1,49,170/ and Agreement dated 26.07.1995 came to be executed between the respondent GIDC and the petitioner. It is further submitted that the petitioner is also making payment of the consolidated tax of the GIDC. Learned advocate has referred a copy of the Bill produced at Page49 of the compilation, in support of the said contention. However on 18.06.2016, the respondent forcibly took possession of Plot No.29 from the petitioner and, therefore, the petitioner submitted representation dated 23.06.2016 to the respondent GIDC, thereafter also, the petitioner has submitted representation and pointed out the correct facts to the respondent GIDC. In spite of that, the respondent GIDC has not taken any decision on the said representations. It is, Page 2 of 4 C/SCA/19978/2018 ORDER therefore, urged that appropriate direction be issued to the respondent GIDC to consider the representations and take appropriate decision in the matter.

4. Having heard learned advocate for the petitioner and having gone through the material produced on record, it is revealed that the limited grievance of the petitioner in the present petition is that there is an inaction on the part of the respondent GIDC in not taking any decision on the representations dated 18.03.2017 and 21.12.2017 submitted by the petitioner, copies of which are produced at Pages12 and 17 of the compilation.

5. Thus, in the facts and circumstances of the present case, the respondent GIDC is directed to decide the representations dated 18.03.2017 and 21.12.2017, in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of four weeks from the date of the receipt of a copy of this order.

Page 3 of 4 C/SCA/19978/2018 ORDER

6. With the aforesaid direction, the petition is disposed of. It is clarified that this Court has not examined the merits of the case.

Direct Service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 4 of 4

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