SHRIRAM CEMENT LTD THRO MANAGER AND AUTHORISED SIGNATORY Vs. STATE OF GUJARAT THRO COLLECTOR BANASKANTHA

JUDGEMENT

(1.) Both the petitions being in respect of the same subject land, were heard together with the consent of the learned Advocates for the parties, and therefore, are being decided by this common judgement.

(2.) The petitioner ­ M/s.Shriram Cement Limited of Special Civil Application No.3693 of 2013 has filed the petition, challenging the communication dated 6.12.2012 (Annexure-A) addressed by the respondent No.4 ­ Gujarat Mineral Development Corporation (GMDC), calling upon the petitioner to deposit the premium amount of Rs.41.95 crore, and the order dated 13.7.2006 passed by the Collector, Banaskantha, calling upon the respondent No.4 GMDC, to deposit the premium amount of Rs.4,79,83,108/- in respect of the land bearing Survey No.47 admeasuring 39 acres situated at Village Hadad, Taluka Danta, District Banaskantha. The petitioner has also sought declaration to the effect that the respondents have no authority to impose any condition or charge any premium in respect of the land in question, and has sought direction for restraining the respondents from dispossessing the petitioner from the land in question.

(3.) Special Civil Application No.2698 of 2016 has been filed by the petitioner ­ State Bank of India for restraining M/s.Shriram Cement Limited (petitioner of the SCA No.3693 of 2013) from transferring the land in question to any third party and seeking direction against the respondent No.1 State of Gujarat to mutate the name of the petitioner Bank in the revenue record as the mortgagee. The petitioner Bank has also sought direction against the respondent No.3 ­ GMDC, to hand over the title documents of the land in question to the petitioner Bank.