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SCA/28783/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 28783 of 2007
=========================================================
M/S
GUJARAT HEAVY CHEMICAL LTDTHRO'NAMIT RUSTAGI SR.MANAGER -
Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
M/S
RAKESH GUPATA FOR TRIVEDI & GUPTA for
Petitioner(s) : 1,
MR JK SHAH ASST GOVERNMENT PLEADER for
Respondent(s) : 1,
DS AFF.NOT FILED (N) for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/07/2008
ORAL
ORDER
Heard
learned Advocate Mr.Rakesh Gupta for the petitioner and Learned AGP
Mr.J.K.Shah for the respondents.
The
grievance of the petitioner is that the Government has fixed premium
payable by the petitioner for conversion of the use of the land
without proper basis and on valuation of the land which is excessive.
The petitioner has challenged the order dated 22.10.2007 passed by
the State Level Price Committee (?SSLPC?? for short) fixing the
premium to be paid by the petitioner on the basis of Rs.350/- per
sq.mtr. The petitioner has also challenged the orders Annexure-C &
D which have been merged in the final order passed by the SLPC.
It
is not in dispute that before passing the order ? Annexure-E, no
opportunity of hearing was given to the petitioner. Counsel for the
petitioner submitted that the petitioner was in totally dark about
the material being relied upon by the Committee for fixing the
premium. He contended that there are nearby lands sold by the GIDC at
much lower price.
Considering
all the aspects of the matter, the impugned order (Annexure-E) is set
aside. With that, all the previous orders also would not survive. The
SLPC is requested to pass fresh order in accordance with law after
giving opportunity to the petitioner with liberty to place on record
such material as the petitioner may desire. This may be done within
four weeks from today. If the petitioner makes any request for
personal hearing. In the facts of the case, the same may be granted.
The entire exercise be completed expeditiously and preferably within
three months from the date of receipt of representation of the
petitioner.
Needless
to state that the amount of premium which the petitioner has already
deposited with the respondents, the same shall be adjusted towards
final liability of the petitioner.
With
this direction, the petition stands disposed of.
Direct
Service is permitted.
(
Akil Kureshi, J. )
kailash
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