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"Purpose : Birla VXL Ltd. (Digjam Woollen Mills), Company establishing expansion project related utilities, effluent treatment plant and other allied infrastructures facilities."

6. Three Revenue Survey numbers, namely Revenue Survey No.150 paiki (admeasuring 1-7-24, comprised in City Survey No.139); Revenue Survey No.151/3B (151/3 paiki) (admeasuring 0-90-04, comprised in City Survey No.139) and Revenue Survey No.151/3A (151/3 paiki) (admeasuring 0-42- 34, comprised in City Survey No.141), situated at District Jamnagar, were notified as a proposal for acquisition for the purposes of expansion project related utilities, effluent NEUTRAL CITATION C/SCA/13078/2000 CAV JUDGMENT DATED: 14/08/2025 undefined treatment plant and other allied infrastructure facilities for the company named as Birla VXL Limited (Digjam Woollen Mills) (company), the respondent No.2 herein.

27. It is stated in the affidavit dated 06.01.2024 filed by the Director of respondent No.2 - company, namely M/s.Digjam Limited that since after approval of the resolution plan for M/s.Finquest Financial Solution Private Limited, the respondent No.2 - company is being run as an ongoing concern and continues to carry on its business till date. The new management re-commenced the production of the NEUTRAL CITATION C/SCA/13078/2000 CAV JUDGMENT DATED: 14/08/2025 undefined company and detail of the production figures for the year 2020-21, 2021-22 and 2022-23 have been placed on record particularly for fabric (poly-woolen and poly-viscose), with the strength of the workers and administrative staff for these years. It is, thus, stated that the constitution of respondent No.2 - company has not been affected and there is only a change of management and the company is into textile manufacturing activities since its inception, i.e. 1948 at Digjam unit located at Jamnagar and the present company is carrying out its business as a going concern. The contention is that the purpose of acquisition has not been frustrated and the respondent No.2 - company still requires the land in question for establishing the expansion projected related utilities, effluent treatment plant and other infrastructural facilities.

28. Taking note of the said stand of the respondent No.2 - company, vide order dated 11.07.2024, while noticing that there is no categorical statement in the affidavit of the Director of the reconstituted company that the factory or the unit, for expansion of which and for establishment of effluent treatment plant or other infrastructure activities for the said factory, is still in operation at the same place and the unit is operating as on date, time was granted to file additional affidavit on behalf of respondent No.2 to make a categorical statement as to the existence of the manufacturing unit, for the purpose of which the land in question has been acquired. It was directed that all papers to establish existence and running of the manufacturing unit known as Digjam Woollen Mills (now name changed, if any), shall be brought on record NEUTRAL CITATION C/SCA/13078/2000 CAV JUDGMENT DATED: 14/08/2025 undefined along with the affidavit of the Director of the reconstituted company, namely M/s.Digjam Limited.

75. Keeping in mind the above legal position, we are required to take note of the facts of the instant case, noticed from the original record of acquisition produced before us. From a perusal of the original record, it may be noted that the company, namely VXL India Limited (Digjam Woollen Mills) had sent a request vide letter dated 18.01.1995 to the Collector requesting for acquisition of Revenue Survey Nos.150 and 151/3, the plots adjacent to the boundary of the factory named as "Digjam Woollen Mills" at Jamnagar. It is stated therein that for implementation of the expansion programme, first phase of which had already been commenced in the existing factory area, additional land was NEUTRAL CITATION C/SCA/13078/2000 CAV JUDGMENT DATED: 14/08/2025 undefined required to provide other utilities like power, water, effluent treatment etc. to enable the company to complete the first phase as per its requirement. Upon search, the company found the above noted two small plots as most suitable. It is stated therein that the company would pay adequate compensation to the existing owners of the plot as decided under Rules. Pertinent is to note that there is absolutely no assertion in the said request letter that the company made any effort to negotiate with the land owners for sale of the lands in question in their favour. The statement of lands required as mentioned at the foot of the letter is Survey No.150 (2.27 Acres); Survey No.151/3A (3.11 Acres) and Survey No.151/3B (2.9 Acres), total 8.28 Acres.