Amrutbhai Dahyabhai Patel vs Gujarat Industrial Development ...
2021 Latest Caselaw 17536 Guj

     C/SCA/16884/2021                                   ORDER DATED: 22/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 16884 of 2021

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                   AMRUTBHAI DAHYABHAI PATEL
                              Versus
          GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION
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Appearance:
MR AS VAKIL(962) for the Petitioner(s) No. 1,2,3,4,4.1,4.2
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                              Date : 22/11/2021

                               ORAL ORDER

1. Mr. A.S.Vakil, learned Advocate, appearing for the petitioners submitted that the petitioners have been struggling to get the land back which was acquired for the GIDC and not used for the public purpose. It is submitted that this Court on 18.05.2020 allowed the writ petition quashing and setting aside the communication/order dated 30.10.2018 passed by the GIDC and further directing to return the land to the petitioners as contemplated in the resolution dated 19.03.2016 and 05.07.2016 . It is submitted that as per the resolution (page no. 78) it was resolved that the subject land is to be returned to the petitioners on "as is where is" basis after withdrawal of the pending Court cases and upon payment of prevalent allotment price in Ichhapur village. By inviting the attention of this Court to the circular dated 15.07.2015, it is submitted that the circular will be governing the allotment whereby the allotment price per sq meter as on 01.04.2015, so far as the Ichhapur village is concerned is Rs. 3470/- as against this, vide order dated 17.09.2021, the price determined is approximately Rs. 7650/- per sq. meter. It is submitted that such calculation is erroneous and against the direction contained in the

C/SCA/16884/2021 ORDER DATED: 22/11/2021

CAV judgment dated 18.05.2020 passed by this Court.

2. Having regard to the submissions made, issue notice to the respondent returnable on 20.12.2021. Ad-interim relief in term of para. no. 7(B) is granted.

Direct service is permitted.

(SANGEETA K. VISHEN,J) SINDHU NAIR