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(C) To issue appropriate writ, order or direction cancelling all the allotments of common plots and plots which are allotted illegally to undeserving persons forthwith;
(D) During pendency and final hearing of this petition, to restrain the respondent No.2 from proceeding further with allotment of any further plots and common plots without following the procedure of calling for tenders or auction process for allotment of plots and to submit the details of the common plots allotted by it;"

3. It is the case of the petitioners that the Gujarat Industrial Development Corporation has been created under the Act with the object to secure orderly development of industries in industrial areas in the State. It is the case of the petitioners that an industrial estate has been setup in Jamnagar and accordingly several parcels of land had been acquired. The grievance made by the petitioners is that there are several common plots which are part of the industrial estate which are to be allotted by following the process of auction or tender in order to fetch the best possible price. The case of the petitioners is that they are the plot holders within the estate of Jamnagar and the common plots are being allotted without following the process of auction. It is their case that such allotments is being done without following the due procedure and calling for auction and or tender. 3.1 It is the further case of the petitioners that within the GIDC, Jamnagar, several allottes of plots after allotment have not set up and/or established industries and by such non usage of plots, deserving allottees have been deprived of using such plots. It is in this context that the petitioners have made the above prayer.

4.1 Mr.Savjani, learned advocate for the petitioners, would further submit that the petitioners, who are entitled as plot holders, to see that common plots are not utilized contrary to the intention, has approached this Court for the reliefs as aforesaid. In support of his submissions, Mr.Savjani, learned advocate for the petitioners, relied on the following decisions:

(i) Harikrishnadas Chhaganlal Nanalal and Ishwardas Mohanlal (Seva Samaj Trust) vs. Vinodchandra G. Vaghela and Anr., reported in 2010 (1) GLH 710., to submit that it is undisputed that as far as common plots and common facilities are concerned, the interest of the allottees is common.
(i) Plot Nos.4002 and 4003 admeasuring 1940 sq.mtrs., transferred on 10.10.2008.
(ii) Plot Nos. 4004-4008 admeasuring 6733.77 sq.mtrs transferred on 10.10.2008.
(iii) Plot Nos. 3985 and 3986 admeasuring 1940 sq.mtrs., transferred on 16.12.2009.
(iv) Plot Nos. 3987 and 3988 admeasuring 1940 sq.mtrs., transferred on 16.12.2009."

5.3 What is pointed out by Mr. Gandhi in paras 3 to 6 of the affidavit-in-reply is that the entire asset area measured 15,07,064.63 sq.mtrs., and the required common plot at 5% per prevailing GDCR is 75,953.23 sq.mtrs. The GIDC had retained 76,346.79 sq.mtrs, therefore, it was holding 393.55 sq.mtrs in excess. Even after the allotments made to Rajhans Alloy Private Limited, there is no reduction in the total common plot area. It is in this background that the commercial plot Nos. 4365 and 4366 admeasuring 7088.83 sq.mtrs out of which land admeasuring 4457 sq.mtrs was kept as a common plot. Reliance is also placed on an additional affidavit filed on 15.02.2020 pointing out that as way back as on 05.01.2017, the GIDC had written a letter to the Jamnagar Municipal Corporation for the purpose of change in the common plot invoking Section 29 of the Gujarat Town Planning Act. Mr.Gandhi, learned advocate, would submit that there is a deemed approval as no reply has been received from the Jamnagar Municipal Corporation. He also submitted that the plans of the authority are already sanctioned on plot No.3989 and constructions have been put up.