Point of Law: it is clear that generally, the Court should not exercise its writ jurisdiction to enforce the contractual obligation. It is designed to promote justice. The grant or refusal of the writ is at the discretion of the court. The writ cannot be granted unless it is established that there is an existing legal right of the petitioner, or an existing duty of the respondent. Discretion must be exercised by the court on the grounds of public policy, public interest and public good and the writ is equitable in nature and thus, its issuance is governed by the equitable principles.

JUDGMENT :

1. In this petition, which is filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“(a) THIS HON'BLE COURT be pleased to issue writ of declaration or writ in the nature of declaration or any appropriate writ, order or direction holding and declaring that the Respondents are not entitle to withdraw 25% concessions granted towards total consideration for Plot No.D-II/ 12A, D-II/ 12, D-II/ 13 & D-II/ 4 Dahej-II Industrial Estate;

(b) THIS HON'BLE COURT be pleased to issue writ of declaration or writ in the nature of declaration or any appropriate writ, order or direction directing the Respondents to issue separate agreements for each plots without insisting payment of 25% concession granted earlier towards total considerations of the said plots;

(c) THIS HON'BLE COURT be pleased to issue writ of declaration or writ in the nature of declaration or any appropriate writ, order or directions directing the Respondents to consider and grant 40 quarterly installments on balance consideration of the said plots after deducting an amount of concession of 25%, with two years moratorium including payment of interest in eight quarterly installments instead of 12 nos. and be further pleased to direct to extend the period of payment of balance amount;

(d) THIS HON'BLE COURT be pleased to issue writ of declaration or writ in the nature of declaration or any appropriate writ, order or directions quashing and setting aside the Notice dated 25.11.2010 under Section 4(1) of the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972 issued by Respondent No.4 – Competent Officer and Regional Manager of Respondent No.2;

(e) That pending hearing and final disposal of this petition this Hon'ble Court may be pleased to stay the operation and implementation of notice dtd. 25.11.2010 at Annexure-AA to this petition and be further pleased to restrain the Respondent from pursuing demand of Rs.23,71,69,645/within 3 days made vide letter dtd. 4.03.2011.

(f) THIS HON'BLE COURT be pleased to grant ad-interim relief in terms of aforesaid para-e;

(ff) THIS HON'BLE COURT be pleased to issue writ of declaration or writ in the nature of declaration or any appropriate writ, order or directions and be pleased to direct the Resp.- G. I.D.C. to calculate outstanding amount payable by the petitioner under the said OTS scheme dtd. 19.06.2020 (Annex.-FF), and be further pleased to direct the Resp.-G. I.D.C. to accept the same within 30 days from the date of such acceptance.”

2. Factual matrix of the case is as under :

2.1 The petitioner is a Company incorporated and registered under the provisions of the Companies Act, 1956. The petitioner was intending to develop an import based industry at Vadadala, Taluka Wagra, District: Bharuch. For the said project, the petitioner through its associate firm purchased some land at Vadadala and has started construction of first phase. For the various projects stated in the memo of the petition with regard to the manufacturing of COKONYX, Board of Directors of the petitioner Company have signed Memorandum of Understanding on 12/13.01.2009 with Government of Gujarat in Vibrant-2009. The petitioner applied for allotment of the lands in GIDC at Dahej vide application dated 02.04.2009. Pursuant to the said application, respondent No.4 gave offer-cum-allotment letter to the petitioner. As per condition No.2 of such offer, the petitioner Company was required to send offer amount, form of agreement and acceptance-cum-undertaking within a period of 30 days from the date of receipt of the said letter. The petitioner Company was required to make upfront payment of Rs.13,18,56,400/- being 30% of the total price of the land and balance amount of Rs.30,76,69,600/- being 70% balance capital within 12 quarterly installments with 12.5% rate of interest and further required to pay 1% administrative charges on the said balance capital of 70% in form of Demand Draft in favour of respond