RADHEKRISHNA DEVELOPERS PRIVATE LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition is filed as a very well- designed dishonest attempt on the part of the petitioner to get out of the clutches of the law, which are applicable to the petitioner for its own deeds. The petitioner has prayed that:

(2.) THE petitioner is a 'private limited company' represented through its Managing director. The facts, as stated by the petitioner, are that, earlier, the name of the petitioner company was 'p. K. Plastic Pvt. Ltd. ', registered under the provisions of The companies Act, 1956. In the year 1987, the said company (Shri P. K. Plastic Pvt. Ltd.) applied for the land admeasuring 2399 Sq. Mtrs. of Final Plot no. 236 of T. P. Scheme No. 21 of Survey no. 79 of village Vastrapur, Taluka City, district Ahmedabad. The competent authority passed an order and, on payment of rs. 1,25,56,366/- (Rupees One Crore Twenty five Lac Fifty Six Thousand Three Hundred and Sixty Six only), the land was allotted to shri P. K. Plastic Pvt. Ltd. Allotment letter dated 29. 12. 1997 is at Annexure-'b' to the petition. It is stated therein that the land is allotted to Shri P. K. Plastic Pvt. Ltd. under Section 23 of the urban Land Ceiling Act, 1976 on certain conditions, which form part of the order. Condition No. 13 is important as it has a direct bearing on the dispute raised in this petition. Condition No. 13 is:

(3.) MR. C. G. Sharma, learned advocate appearing for the petitioner, vehemently submitted that these conditions, which are part of allotment order dated 29. 12. 1997, are not applicable to the case of the petitioner (Shri Radhekrishna Developers pvt. Ltd.) as Urban Land Ceiling Act is repealed in the year 1999. The submission of the learned advocate for the petitioner is without any substance and an example of non-application of mind because there is no question of applicability of the repealed Act to the present case. Present is the case wherein shri P. K. Plastic Pvt. Ltd. had applied for allotment of the land under Section 23 of the ULC Act, which had already vested in the Government, being excess land, and for all purposes was a Government land. As the allottee Shri P. K. Plastic Pvt. Ltd. is alleged to have committed breach of the conditions on which the land was allotted, the authorities have taken action. Being aggrieved of that the present petition is filed. That being so, what is required to be examined by this Court is as to whether any breach of the conditions on which the land was allotted is committed or not.