MOTI BEN KESHURBHAI LAGARIA Vs. GUJARAT INDUSTRIAL DEVELOPMENT

JUDGEMENT

(1.) Rule. Learned counsel, Shri M.B. Gandhi waives service of notice of rule for respondents.

(2.) The present petition has been filed by the petitioner in respect of the allotment of the plot no.G-2135 at Lodhika Road, GIDC, Rajkot.

(3.) Few facts with sequence of events are required to be mentioned. The petitioner was allotted plot bearing no.G-2135 at Lodhika Road, GIDC, Rajkot by the respondent no.1-Corporation on 14.07.1997. However, the petitioner due to health could not arrange for the finance and could not pay the installments leading to the recovery of the possession by the GIDC. However, when the petitioner improved his health and financial condition requested the respondent no.1-GIDC to restore the possession of the plot. As the same was not considered, a petition being Special Civil Application No.6217/2011 came to be filed and the High Court passed an order dated 05.10.2011 issuing direction for restoration of the possession subject to the condition including the payment of price with 20% premium. However, therespondent no.1-GIDC rejected the application for restoration relying upon the policy dated 09.12.2009 and the demand draft sent by the petitioner was also returned. Therefore, the present petition has been filed by the petitioner.