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SCA/12742/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12742 of 2009
=========================================================
BHARTIYA
MAZDOOR SANGH - Petitioner(s)
Versus
GUJARAT
HEAVY CHEMICALS LTD & 4 - Respondent(s)
=========================================================
Appearance
:
MR
TR MISHRA for
Petitioner(s) : 1,
MR GUPTA FOR M/S TRIVEDI & GUPTA for
Respondent(s) : 1,
MS VANDANA BHATT, AGP for Respondent(s) : 2
5,
MR MANOJ
SRIMALI FOR Respondent(s) : 6
10.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 10/05/2010
ORAL
ORDER
Heard
learned advocate Mr. Mishra appearing on behalf of petitioner,
learned advocate Mr. Gupta for M/s. Trivedi and Gupta appearing on
behalf of respondent No.1 Gujarat Heavy Chemicals Ltd., learned
advocate Mr. Manoj Srimali for Girish Patel Associates appearing on
behalf of respondent Nos.6 to 10 and learned AGP Ms. Vandana Bhatt
appearing on behalf of respondent Nos.2 to 5 – State Authorities.
The
difficulty is that respondent No.1 Gujarat Heavy Chemicals
Limited is not having legal and valid lease permission for running
industry in the place where it is situated.
Learned
advocate Mr. Gupta submitted that order passed by District Collector,
Junagadh on 20th
September 2007 referring matter to State Government whether lease
period is required to be extended in favour of company or not.
Therefore, he submitted that now, matter is pending before Secretary,
Revenue Department, Government of Gujarat for decision.
Today,
in response to order passed by this Court on 30th
April 2010, Mr. M.P.S. Pawar, Superintendent of Police, Junagadh is
personally present before this Court and submitted that in absence of
legal and valid lease permission in favour of company, it is very
difficult for police authority to give protection to the situation
which may arise.
Learned
advocate Mr. Mishra submitted that because of closure of company or
suspension of work, more than 50 workers are without job and without
wages since 6th
October 2008, therefore, he submitted that some suitable directions
may be issued to State Government, so, they may decide the matter
whether lease is required to be extended in favour of company or not.
Therefore,
learned advocate Mr. Gupta also submitted that some directions may
be issued to Secretary, Revenue Department, Government of Gujarat in
response to order passed by District Collector, Junagadh on 20th
September 2007.
Learned
advocate Mr. Srimali also not having any objection if some directions
may be issued by this Court to Secretary, Revenue Department,
Government of Gujarat.
In
light of this background, it is directed to Secretary, Revenue
Department, Government of Gujarat to decide the said issue in respect
to order passed by District Collector, Revenue Branch, Junagadh dated
20th
September 2007 after giving reasonable opportunity of hearing to
Gujarat Heavy Chemicals Limited, Sarpanch of village Kob and Chikhli
with all other affected villages and also to representative of
workers those who are working with Gujarat Heavy Chemicals Limited
and thereafter, to pass appropriate reasoned order on or before 30 th
June 2010
and communicate the same to all the respective parties immediately.
Now,
in this matter, on the next date of hearing i.e. 12th
July 2010, the presence of Mr. Pawar, Superintend of Police, Junagadh
is dispensed with.
Accordingly,
matter is adjourned to 12 th
July 2010.
[H.K.
RATHOD, J.]
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