INDIAN PETROCHEMICALS LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to amend the cause-title of the petition by substituting the name of petitioner No.1 Indian Petrochemicals Corporation Ltd., by placing the name of Reliance Industries Ltd.

(2.) THE petition was originally filed by Indian Petrochemicals Corporation Ltd., praying for quashing and setting aside the levy and demand of development charges raised by respondent No.2 vide its letter dated 25/01/1996, 29/08/2002, 03/09/2002, 24/10/2002 and 11/02/2003. THE Court has passed an order dated 11/03/2003 directing the respondent No.2 Corporation not to recover any amount of development charges pursuant to the letter annexed to the petition, the petition was thereafter admitted and Rule was issued on 17/12/2003 and interim-relief was granted in terms of paragraph Nos.4(B) and (C), subject to the condition that petitioner will deposit an amount of Rs.2 Crores with the GIDC within two weeks from the date of the said order.

(3.) IN view of the above development, and after hearing the learned Senior Counsel, Shri K S Nanavati, for the petitioner and Mr.M B Gandhi, learned Advocate for the respondent No.2 and Ms.Mini Nair, learned Assistant Government Pleader for respondent No.1 State Government, the Court is of the view that so far as the issue involved in the present petition are concerned the same are amicably resolved and the petitioner has already undertaken to construct the hospital and to surrender the land outside the circular road and since the payment of development charge have already been paid, nothing survives in this petition, except a direction to GIDC to execute the lease-deed. However, before that eventuality to take place, on behalf of the GIDC a letter dated 03/06/2010 was issued on IPCL demanding therein transfer fee of Rs.19,19,14,058/-. Technically, it is a new cause of action and does not form the part of present petition. However, it appears that for executing the lease-deed in favour of Reliance INdustries Ltd., the respondent Corporation has demanded the transfer fee.