NIDUS ENTERPRISES PVT. LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner company in the present petition, has prayed to set aside the aforesaid order dated 30.10.2013 passed by respondent No.2. It is further prayed to declare that the order of canceling the agreement and taking away the possession of the land is illegal and in violation of principles of natural justice. It is also prayed to command the respondent -Authorities not to take away possession of the land in question and to permit the petitioner to further conceptualise and operate the Adventure Sports Park.

(2.) An agreement dated 18th September, 2012 was executed between the petitioner herein and respondent No.2 -Collector, whereunder the petitioner -company was granted as licensee, the rights in respect of 20 Acres of land at Governor's Hill, Saputara. Under the said license agreement, the petitioner was to conceptualise, establish, operate and maintain Adventure Sports Park. It was pursuant to Resolution dated 09th August, 2013 passed by Department of Industries and Mines, State Government, which approved granting rights of user over the said land to the petitioner. The Chief Officer, Notified Area, Saputara was authorised to enter into the transactions with the company in this regard.

(3.) The Collector, Dang, Ahwa -respondent No.2 by his order dated 30th October, 2013 terminated the aforesaid agreement and directed for resuming back the possession of the land. The said order produced at Annexure -A inter alia recorded that in a meeting of Saputara Development Committee held on 25th October, 2013, the activities of the petitioner agency in respect of the Adventure Park was deliberated, and it was found that the petitioner company was not observing the standards of safety, cleanliness and sanitation, and had not complied with the conditions. Notices were given by the Chief Officer, Saputara Notified Area, to the company.