S.C/S.T Shipbreakers Association vs State Of Gujarat on 16 April, 2018
10. Now, the next question which posed for the consideration of
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C/SCA/5509/2017 JUDGMENT
this Court is whether the GMB is right / justified in inviting the
bids with respect to few vacant plots and not all the vacant plots ?
As observed herein above, it is the case on behalf of the GMB and
so stated in the affidavit in reply that with a view to get maximum
price only few vacant plots shall be put to auction and rest of the
vacant plots shall be put to auction subsequently. The aforesaid is
not only contrary to the relevant Regulation 2015 but the same is
also contrary to the affidavit in reply filed by the GMB in earlier
round of litigation being Special Civil Application No. 7563 of
2011. Even otherwise, not to invite the bids even with respect to
the number of plots which are required to be reserved for SC/ST
Categories as per the Regulation, 2015 shall deprive them from
submitting the bids with respect to all the vacant plots. At this
stage, the observation made by the Andhra Pradesh High Court in
the case of Gedela Suryanarayan (supra) in Writ Petition No.
11614 of 1992 are required to be referred to. In para 11, the
Andhra Pradesh High Court has observed as under: