GHCL LIMITED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been filed challenging a judgment and order dated 30th April, 2008 passed by a learned Judge of the writ court, whereby the learned Judge dismissed the writ petition.

(2.) THE material facts of the case, which are not in dispute, are as follows:-THE appellant GHCL Limited, the writ petitioner, and also the appellant, is a public limited company registered under the Companies Act, 1956. Sri Meenakshi Mills Limited, hereinafter referred to as the -erstwhile company- was declared a sick company in the year 1996 by BIFR. THEreafter, the said sick company, as per the Rehabilitation Scheme merged with the appellant company. THE Scheme of Merger was sanctioned by BIFR and the merger took place w.e.f 01.04.2001.

(3.) LEARNED counsel for the appellant submitted that the erstwhile company constructed about 165 staff quarters on a land measuring 3.44 acres out of the acquired lands of 4.72 acres. The admitted position is that in respect of the remaining area i.e., about 1.28 acres, no construction has been made by the erstwhile company.