STATE OF GUJARAT Vs. VIJAY MILLS CO LIMITED

JUDGEMENT

(1.) The present application is filed with judges summons for the following prayers:

(2.) In the affidavit, in support of the judges summons, it is stated that the competent authority passed the order dated 30.07.1987 under Section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 (the ULC Act) declaring the land admearing 27129 square meters from T.P.S. No.12, F.P. No.144 paiki situated at Village: Asarva, Taluka - City: Ahmedabad as surplus, which was followed by final statement under Section 9, notifications under Section 10(1) to 10(3) of the ULC Act. It is stated that since, the land was vested with the State Government free from all encumbrances, the landholder (company in-liquidation) was called upon to handover the possession of the land by issuing notification under Section 10(5) and since the landholder failed to surrender, the possession of the land was taken under Section 10(6) of the ULC Act on 26.07.1990 by drawing panchnama. The copy of the panchnama and the map prepared for the land, are annexed with the affidavit. It is further stated that the applicants came to know about the public advertisement given by the respondent - Official Liquidator in daily newspapers on 29.03.2010 inviting offers for sale of the property (land in question) by showing it as owned by the company in liquidation and, therefore, the applicants filed objections before the Official Liquidator pointing out that the possession of the property was taken by the State Government on 26.07.1990 and since then, the State Government has been in possession of the land in question which was vested with the State Government free from all encumbrances.

(3.) The Official Liquidator has filed report dated 21.12.2010 stating that by order dated 07.09.1993 passed in Company Petition No.79 of 1989, M/s.Vijay Mills Company Limited (company in liquidation) was ordered to be wound up and the Official Liquidator appointed as liquidator of the company was directed to take possession of the properties of the company and consequent upon such direction, the Official Liquidator has taken over the possession of all the assets and properties of the company including the land in question on 03.02.1994. It is further stated that as per permission granted by the Court vide order dated 12.08.2009 in Company Petition No.253 of 2007, the Official Liquidator called meeting of the Sale Committee before which the valuation report of the approved valuer was placed and as per the recommendation of the Sale Committee, it was decided to give advertisement for sale of assets and properties of the company in liquidation and the Official Liquidator then published advertisement in two daily newspapers; one in Gujarati and second in English on 28.03.2010 and 31.03.2010 for sale of the assets and properties including the land in question but after proclamation of the sale, he received letters from the Deputy Collector and Mamlatdar to stop the process of the sale initiated by him.