Libertatem Magazine

Gujarat HC: Prayer of the Petitioners Dismissed, Court says GIDC right in relation to the Plot Matter

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The brief facts of the case are that the Petitioners say that the Gujarat Industrial Development Corporation (GIDC) has been created under the Act with the object to secure orderly development of industries, that an industrial estate had been set up in Jamnagar where several parcels of land had been acquired. The petitioners contend that there are several common plots part of the industrial estate which are to be allotted through auction or tender for the best possible price. The petitioners are the plot holders within the estate of Jamnagar and the common plots are being allotted without following the process of auction, and that within the GIDC, Jamnagar, several allottees of plots after allotment has not set up and/or established industries and by such non-usage of plots, deserving allottees have been deprived of using such plots.

Arguments before the Court

The Petitioner contends that the Jamnagar Area Development Authority showed the intention of no sanction to the let out plans of the common plots, despite the application of Right to Information through the 2005 Act. While the Respondents contend that the petitioners’ son had applied for allotment to the State Government for land and since the land was situated in the GIDC, Jamnagar Industrial Estate, no NOC was required from the GIDC. The petitioners’ son had applied for land through two different entities. The Corporation informed the applicants that the concerned survey no. was required by the GIDC and no objection could not be granted. An additional affidavit had also be filed by GIDC.

Court’s Decision

The Court observed that some of the petitioners are neither allottees of the plots in the GIDC whereas some of the petitioners are allowed some portions. After scrutinising the affidavit-in-reply the court noticed that this indicates, that the GIDC made the allotments which have been referred to in the affidavit-in-reply and have been reproduced, and therefore have not contravened any such stipulated area and therefore the petition was dismissed of the Petitioners.

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