SUN PHARMACEUTICALS INDUSTRIES LTD THROUGH NITIN Y TRIVEDI Vs. STATE OF GUJARAT THROUGH SECRETARY OF URBAN & 3

JUDGEMENT

(1.) WHETHER the decision of respondent no.2 -authority to allot approximately 12,527 sq. metres of land, out of the land bearing Final Plot No.27 situated at mouje Tandalja, Taluka & District Vadodara, owned by the petitioner herein, in favour of respondent no.4, by way of Notification dated 13.04.2010 issued by respondent no.1, whereby, variations in the Preliminary Town Planning Scheme No.24 for redistribution of Final Plot No.27 had been sanctioned in pursuance of the judgment and order dated 27.04.2007 passed by this Court in Special Civil Application No.22819/2005 is just and legal, is the core issue that has come up for consideration of this Court in this petition.

(2.) BEFORE proceeding with the matter, the Court would like to record that looking to the facts of the case and the reliefs claimed in the present petition, it was pointed out to learned Sr. Counsel Mr. K.S. Nanavati appearing on behalf of the petitioner that the petitioner has an alternative remedy of filing appropriate application under The Contempt of Courts Act, 1971. However, learned Sr. Counsel submitted that he would like to proceed with the present matter rather than filing a separate petition under the provisions of The Contempt of Courts Act, 1971. Hence, the matter is heard on merits.

(3.) THE facts in a nutshell are as under;