Gujarat High Court Case Information System Print SCA/27969/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 27969 of 2007 ========================================================= PARAM COOPERATIVE HOUSING SOCIETY LTD - Petitioner(s) Versus THE GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION & 2 - Respondent(s) ========================================================= Appearance : MR BY MANKAD for Petitioner(s) : 1, MR MB GANDHI for Respondent(s) : 1 - 2. MR CHINMAY M GANDHI for Respondent(s) : 1 - 2. MR PRAKASH K JANI for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 25/02/2010 ORAL ORDER
1. By
way of this petition, the petitioner has prayed for the following
reliefs;
(A) Your
Lordships may be pleased to hold and declare that the action and
inaction on the part of the respondent authorities of not allotting
the plot at the prevailing rate, vide GIDC Policy dated 01.04.2003 to
be illegal, arbitrary and unconstitutional.
(B) Your
Lordships may be pleased to hold and declare that despite
availability of the plot, non-sale and allotment to the petitioner
and not deciding the applications made by the petitioner to be
illegal, arbitrary, unconstitutional and therefore, null and void.
(C)
…….
10
…….
10(A) …….
2. Looking
to the facts and circumstances of the case and without entering into
the merits of the case, it is observed that if the petitioner is
found eligible for the allotment of plots and if the
respondent-Corporation has plots available with it, then the
respondent-Corporation shall consider the case of the petitioner in
accordance with its rules and regulations as also its policy
prevailing at the relevant point of time.
3. With
the above observations, the petition stands disposed of.
[K.S.JHAVERI,
J.]
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