PRATIK ENTERPRISE Vs. GUJARAT INDUSTRIAL DEVELOPMENTCORPORATION

JUDGEMENT

(1.) PETITIONER has challenged an order passed by the Estate Officer under the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act as upheld by the District Court in appeal. There is dispute between the parties with respect to the full price for the allotment of plot in favour of the petitioner by respondent GIDC. The District Court dismissed the appeal on the ground that there is nothing on record to suggest that the entire amount was paid up. Learned advocate for the petitioner also cannot controvert that the petitioner was unable to place full material before the District Court to demonstrate that the entire amount was paid up. He, however, submits that such documents were not available at the relevant time. The petitioner is now in a position to establish through documentary evidence that the entire amount was paid. Since these documents were not available before the court below, it would be appropriate and in the interest of justice to permit the parties to lead further evidence in this regard. For the above purpose, the impugned order passed by the District Court is quashed. The proceedings are remanded to the District Court for fresh consideration in accordance with law after hearing both the sides and giving opportunity to lead further evidence on record. Learned advocate for the petitioner submitted that under the order of the Court, the petitioner has paid Rs. 3 lacs to the GIDC. This shall be adjusted when the District court passes the final order.

(2.) THE petitioner must, however, bear the cost which is quantified at Rs. 10,000/- (Rupees ten thousand only) to be paid to the respondent within two weeks from today. Rule is made absolute to the above terms.