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1995 Supreme(Guj) 4

SHARAD D.DAVE
SARVODAY CORPORATION – Appellant
Versus
GUJARAT ELECTRICITY BOARD – Respondent


Advocates Appeared: TUSHAR MEHTA, YATIN OZA

DAVE, J.

( 1 ) AN Agricultural Industrial Unit was established on an agricultural land bearing Survey No. 1990/46 situated at Mehsana. The said agricultural unit failed to discharge their obligations and commitments qua certain financial institutions and also qua the Gujarat Electricity Board. An amount of Rs. 5,18,998-78 was the dues of the Board against the said agricultural industrial unit. The industrial unit was sold out under a duress, was dismantled and was removed from upon the agricultural land. A partnership firm, after obtaining a certificate of clear title, after a due public notice, purchased the said agricultural land. It was later on converted into the non-agricultural land and the necessary No Objection Certificate was obtained for the construction of a commercial complex. Later on the commercial complex has come up with atleast 85 shops therein. The builder Corporation had asked for the electric connection in the above said shops, but the same is denied taking resort to the provisions contained under Sec. 24 of the Indian Electricity act, 1910. The question is as to whether the Board can insist for the payment of the dues which were against the agricultural industri











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