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B. R. GAVAI, C. T. RAVIKUMAR
Central Warehousing Corporation – Appellant
Versus
Adani Ports Special Economic Zone Limited (APSEZL) – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. Leave granted.
2. The appeals challenge the judgment and order dated 30th June 2021 passed by the High Court of Gujarat at Ahmedabad in Letters Patent Appeal (LPA) No. 22 of 2017 in Special Civil Application (SCA) No. 184 of 2017 with SCA No. 5816 of 2017, and Miscellaneous Civil Application No. 1 of 2021 in the above LPA, vide which the Division Bench of the High Court has issued the following directions:
“(i) That Appellant-CWC is allowed three months time from today either:
(a) to seek and obtain approval as a SEZ compliant Unit from the competent authority under the SEZ Act in respect of its Warehouse facility situated in 34 acres of land in question within SEZ Area developed by Respondent-APSEZL.
(b) to obtain a waiver of the conditions to comply with the provisions of SEZ Act as a SEZ Unit and the Competent Authority while considering any such application of CWC, if any filed by it, will provide opportunity of hearing to both the parties.
(ii) If CWC fails to get such approval as a SEZ compliant Unit or waiver as aforesaid within aforesaid period of three months, the Respondent-APSEZL may acquire the land of the same size of approximately 34 Acres outs
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