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2004 DIGILAW 697 (SC)

PALITANA SUGAR MILLS (P) LTD. v. State Of Gujarat

2004-05-05

B.N.SRIKRISHNA, K.G.BALAKRISHNAN

body2004
ORDER 1. Issue notice. 2. Ms Hemantika Wahi, Advocate accepts notice on behalf of the respondents. Eight weeks time is granted for filing counter-affidavit.From the Judgments and Orders dated 3-3-2004. 26-3-2004. 2-4-2004 and 5-4-2004 in MCA, h Nos. 2340 and 2341 of 2003 and SCA No. 1032 of 1996 of the High Court of Gujarat at Ahmedabad 3. We direct the District Inspector, Bhavnagar to go at the spot and identify and earmark 76 acres and 39 gunthas of land in Survey No. 469/1 in the presence of the epresentatives of Bhavnagar Municipal Corporation, the Government and the petitioner Mill, if not already done, and further make entries to that effect in the revenue record within four weeks from today. We further direct that the Corporation shall sanction the layout plan within another two weeks after the land is identified and dues are paid. The petitioner Mill shall not part with the land or construction made on the aforesaid land in favour of third party. However, it is clarified that it would be open to the Government to take any decision which may be permissible under law and this order would not come in their way. 4. List after summer vacation. Contempt Petition (Civil) No. 410 of 2004 in SLP (C) No. 1562 of 2002 and Contempt Petition (Civil) No. 411 of2004 in CA No. 5556 of 2001 5. Issue notice. 6. Personal appearance of the respondent contemnors is dispensed with for the time being. 7. Ms Hemantika Wahi, Advocate accepts notice on behalf of the respondent contemnors. Eight weeks time is granted for filing counter-affidavit. 8. List after summer vacation.