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2015 Supreme(Guj) 959

JAYANT PATEL, N.V.ANJARIA
Jam Aala Ajabhai – Appellant
Versus
Essar Power Gujarat Limited – Respondent


JUDGMENT :

N.V. ANJARIA, J.

1. The petitioners, stating to be the agriculturists, have invoked the public interest jurisdiction of this court under Article 226 of the Constitution, and have filed the present petition questioning the justifiability of allotment of Government land in favour of respondent No. 1 company.

2. By order dated 15th May, 2015, which is prayed to be set aside, the land admeasuring 12-44-45 Hectors in total comprising of Government waste land and Gauchar land at three different villages came to be granted at total price of Rs. 18,74,35,608/-. The allotment of land was for industrial purpose of setting up a coal conveyor corridor connecting the stock-yard at the project site of the company to the jetty. Three main grounds are raised to assail the order that the allotment was done without any defined policy, the land granted included Gauchar portion and that the process of auction was not resorted to, ultimately the allotment was against public interest.

3. Marshalling the facts from the record of the petition, it appears that respondent No. 1 company and the State Government signed Memorandum of Understanding during the Vibrant Gujarat Global Investor Summit, 200







































































































































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