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SCA/13482/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13482 of 2010
=========================================================
M/S
RIDS LABORATORIES LTD - Petitioner(s)
Versus
DIVISIONAL
MANAGER - Respondent(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for Petitioner
MR MB GANDHI for Mr CHINMAY M GANDHI
for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI 1st December 2010
ORAL
ORDER
Heard
the learned advocates for the parties for final disposal of the
petition.
The
petitioner was allotted five plots in GIDC Industrial Estate at
Gozariya, District-Mehsana, being Plot Nos. 70 to 72; 73 & 125.
It is not in dispute that the petitioner having not put any industry
thereon, the Gujarat Industrial Development Corporation re-claimed
possession of these plots. However, out of these five plots, plot
nos. 73 & 125 have already been disposed of by fresh auction by
the G.I.D.C.
The
petitioner has, however, sought return of possession of the plot nos.
70, 71 & 72. It is the case of the petitioner that policy of the
GIDC also permit such return of the plots on certain conditions. The
petitioner relies on communication dated 29th
January 2010 addressed by the GIDC, Mehsana
calling upon him to pay sum of Rs. 10, 09,849/= towards unpaid dues
and charges of the GIDC over the said plots. He was asked to make
such payment by a demand draft within ten days. It was further
conveyed to him that if he did not pay the said sum within the time
permitted, his request for return of the possession of the said plots
will be automatically cancelled.
In
response to such notice dated 29th
January 2010, the petitioner replied on 8th
February 2010 contending that as per the GIDC policy, 100% penalty is
to be waived. In his case, however, this benefit has not been
granted. He indicated that upon being given such benefit and
accounts, he will make the payment.
In
response to the said communication, the GIDC, however, by its
impugned communication dated 14th
May 2010 rejected the request of the petitioner for repossession of
the plots.
Having
heard learned counsel for the parties and having perused the
documents and record, it appears that the GIDC had also, at one point
of time, inclined to return the possession of the plot Nos. 70, 71 &
72 to the petitioner on his paying the past dues, as calculated by
the GIDC to the tune of Rs. 10,09,849/=. Counsel for the petitioner
stated that petitioner would pay the said sum alongwith
reasonable rate of interest being charged by the GIDC under similar
circumstances as per its policy. Counsel for the GIDC submits that if
the Court so directs, on the petitioner
paying such amount, he will be put back in possession of the plot
nos. 70, 71 and 72.
Under
the circumstances, the petition is disposed of with the following
directions :
[a] GIDC
shall give a statement to the petitioner of the amount being payable
calculating the principal as Rs. 10,09,849/= with interest from
8th
January 2010 till the date of the issuance of the communication.
This exercise shall be done within one week from today.
The communication will also give break-up of the interest charged.
[b] The
petitioner shall make payment of the entire amount as per the above
demand within two weeks of the receipt of the communication from
GIDC.
[c] Upon
entire payment being received by the GIDC, possession of Plot nos.
70, 71 & 72 shall be returned to the petitioner.
Writ
petition stands disposed of accordingly.
{Akil
Kureshi, J.}
Prakash*
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