SARDAR CEMENT INDUSTRIES LTD Vs. SPECIAL SECRETARY

JUDGEMENT

(1.) Rule. Ms. Asmita Patel, learned Assistant Government Pleader waives service of notice of Rule for the respondents. On the facts and in the circumstances of the case, and with the consent of the learned counsel for the respective parties, the petition is being heard and finally decided.

(2.) THIS petition under Articles 226 and 227 of the Constitution of India has been preferred by the petitioner, inter-alia, with a prayer to quash and set aside the order dated 09.01.2012, passed by the Additional Secretary (Appeals), Revenue Department, whereby the application for grant of interim-relief filed by the petitioner, along with the Revision Application, has been rejected.

(3.) The case of the petitioner is that certain parcels of land, as mentioned in paragraph 5 of the petition, were granted to the petitioner on certain terms and conditions by the Collector, Jamnagar (respondent No.2). According to the petitioner, it had made serious efforts to use the land for the purpose for which it was granted and had constructed a warehouse to store cement/ raw-materials, as well as other products. Due to certain circumstances, the petitioner could not start the plant for manufacture of cement even after making a huge investment. As per the case of the petitioner, the Pollution Control Board did not grant a No Objection Certificate and a mining licence to extract the raw-material was also not granted. For these reasons, the petitioner could not commence construction within the stipulated period of time. This led to the issuance of a Show-cause Notice by the Deputy Collector, dated 20.07.2010, alleging breach of condition No.8 of the order dated 07.08.1995, as the petitioner could not put up the construction within a period of two years, as required.