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SCA/25547/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 25547 of 2007
=========================================================
AMERICAN
STEEL PVT LTD THRO' DIRECTOR - Petitioner(s)
Versus
G
I D C & 1 - Respondent(s)
=========================================================
Appearance
:
MR
RAMNANDAN SINGH for
Petitioner(s) : 1,
MR RK MISHRA for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 15/07/2008
ORAL
ORDER
The
petitioner was alloted a plot of land for industrial use by GIDC by
allotment letter dated 30.11.2006. Tentative measurement for the
plot was indicated as 5374.27 sq. mtrs. The petitioner was to pay a
total sum of Rs. 6,18,041/- which included the price of land and
other charges of the Corporation. In paragraph-21 of the allotment
letter, it was however, stated that plot area is tentative and
adjustment will be made at the time of finalisation of area of the
plot.
The
petitioner has made part payment as per the agreement between the
parties. Eventually, however, by impugned order dated 30.6.2007, it
was indicated to the petitioner that area of plot No.1417 alloted to
the petitioner was admeasuring 2322.26 sq mtrs and the excess amount
deposited shall be adjusted towards future payment.
Learned
advocate Shri Ramnandan Singh for the petitioner submitted that
though initially the allotment was subject to measurement, the plot
size could not have dwindled to half the original size and the
respondents therefore, should consider allotting additional area in
favour of the petitioner. He however, clarified that the petitioner
is interested in setting up industry in the plot already alloted and
would also request the Corporation to allot additional area of land.
Learned
advocate Shri Mishra for the respondent Corporation submitted that
if such an application is received by the Corporation, the
Corporation shall examine the same and dispose of in accordance with
rules and presently prevailing position.
In
view of the above situation, this petition is disposed of by
permitting the petitioners to apply the respondent corporation for
allotment of additional plot in view of drastic reduction in the
area of plot alloted to the petitioner by GIDC. If such an
application is received within two weeks from today, same shall be
disposed of as expeditiously as possible and preferably within two
months from the date of receipt of such an application, considering
the presently available land area with respondent Corporation and
all other attendant circumstances.
With
these directions, the petition is disposed of with liberty to apply
in case of difficulty.
(Akil
Kureshi,J.)
(raghu)
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