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2017 Supreme(Guj) 689

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. Subhash Reddy and V.M. Pancholi, JJ.
Babubhai Meghajibhai Shah – Appellant
Versus
State of Gujarat and Others – Respondents
Writ Petition (PIL) No. 214 of 2015
Decided On : 30-03-2017

Advocates Appeared:
For the Appellant : Bharat T. Rao.
For the Respondents: Kamal B. Trivedi and Sangeeta K. Vishen.

Headnote:

Gujarat Infrastructure Development Act, 1999 – Sections 9 and 10A – Writ-petition is filed by way of Public Interest Litigation, challenging Resolution passed by Government of Gujarat through Industries and Mines Department, by which Government has allotted land. on lease basis for a period of 35 years for construction of multipurpose Sports Stadium and Recreation Complex – Held, Court is convinced that by the time the petitioner approached this Court, 4th respondent who is allotted the land has spent huge money in making civil construction – By applying the judgments relied on by the learned counsel for the parties, we are of the view that the petition suffers from the vice of delay and laches – It is also not in dispute that now the project of 4th respondent has been completed and recently in the year 2016, international Kabaddi World Cup-2016 was also held in the stadium built by 4th respondent. In that view of the matter, Court is of the considered view that apart from the merits of the case, the petition also deserves to be dismissed on the ground of unexplained delay and laches – Petition Dismissed (Paras 37, 38, 36)

JUDGMENT :

R. Subhash Reddy, J.

1. This writ-petition is filed by way of Public Interest Litigation, challenging the Resolution No. MOU-10-2010-4244-S, dated 18th March 2011 passed by the Government of Gujarat through Industries and Mines Department, by which the Government has allotted 37,388 sq. mtrs (4,02,294.88 sq. ft) of land covered by Final Plot Nos. 178, 179, 180 and 181 of T.P. Scheme No. 2, situated in village Rajpur-Hirpur, Taluka-City, District- Ahmedabad, to 4th respondent M/s. S.E. Transstadia Pvt. Ltd. on lease basis for a period of 35 years for construction of multipurpose Sports Stadium and Recreation Complex.

2. The prayers sought in the petition read as under:-

"(A) That Your Lordships will be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, quashing and setting the Resolution No. MOU-10- 2010-4244-S dated 18.3.2011 issued by Industries and Mines Department allotting land bearing 37,388 sq. mtrs. (4,02,294.88 sq. ft.) situated at Mouje Rajpur-Hirpur, Taluka City, in T.P. Scheme No. 2, Final Plot Nos. 178, 179, 180 & 181 in Kankaria area, Ahmedabad (land of Old Abad Dairy) to the respondent No. 4 for the purpose of setting up Multi-purpose Sports Stadium and Recreation Complex at a throw away price of token rent of Rs. 1/- per sq. ft for a period of 35 years though the Revenue Department, Govt. of Gujarat has valued the land in question at Rs. 144.50 crores by State Valuation Committee in its meeting held on 6.7.2010 and all consequential actions taken pursuant thereto, for the reasons stated in the Memo of Petition and in the interest of justice.

(B) Pending admission, hearing and final disposal of this petition, to stay the execution, implementation and operation of the Resolution No. MOU-10-2010-4244-S dated 18.3.2011 issued by Industries and Mines Department allotting land bearing 37,388 sq. mtrs. (4,02,294.88 sq. ft.) situated at Mouje Rajpur-Hirpur, Taluka City, in T.P. Scheme No. 2, Final Plot Nos. 178, 179, 180 & 181 in Kankaria area, Ahmedabad (land of Old Abad Dairy) to the respondent No. 4 for the purpose of setting up Multi-purpose Sports Stadium and Recreation Complex at a throw away price of token rent of Rs. 1/- per sq. ft for a period of 35 years through the Revenue Department, Govt. of Gujarat has valued the land in question at Rs. 144.50 crores by State Valuation Committee in its meeting held on 6.7.2010 and all consequential actions taken pursuant thereto and restrain the respondent No. 4 from proceeding further with the execution of the project, for the reasons stated in the Memo of Petition and in the interest of justice.

(C) To grant ad-interim relief in terms of Para-12(B) herein above.

(D) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted."

3. The Resolution No. MOU-10-2010-4244-S dated 18.3.2011, which is the subject-matter of challenge in this petition reads as under:-

"Allotment of 4,02294.88 square feet land of Ahmedabad city on lease basis to S.E. Transstadia Private Limited Company, Mumbai for construction of multipurpose sports stadium and recreation complex.

Government of Gujarat,

Department of Industries and Mines,

Resolution No. MOU-10-2010-4244-S

Sachivalaya, Gandhinagar.

Dated: 18.3.2011

READ:

(1) Letter No. GIDB-55-EC-SEC-2010-814 dated 26.4.2010 from Gujarat Infrastructure Board, Gandhinagar.

(2) Letter No. GIDB-55-EC-SEC-2010-827 dated 11.5.2010 from Gujarat Infrastructure Board, Gandhinagar.

(3) General Administration Department's confidential letter No. MBP-10-2011(10) KU dated 24.2.2011.

Preamble:

With reference to the Memorandum of Understanding signed between Government of Gujarat, Tourism Corporation of Gujarat Limited and S.E. Transstadia Private Limited Company, Mumbai in the year 2009 in the field of sports activities by constructing a large, multipurpose sports stadium and recreation complex with a novel and unique concept being first of its kind in India on the land of old
























































































































































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