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2022 Supreme(Guj) 1406

UMESH A. TRIVEDI
Gujarat Industrial Development Corporation – Appellant
Versus
Gujarat Akruti TCG Bio-Tech Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Chinmay M Gandhi, Ms Rumi M Gandhi
For the Respondent: Mr Salil M Thakore

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  1. The court emphasized that attempts to overreach the judicial process and frustrate the statutory right of appeal by an aggrieved party will not be tolerated (!) (!) .

  2. The case involved a dispute over eviction under the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972, where the respondent had entered into an agreement for land development and faced eviction proceedings initiated by the petitioner (!) (!) .

  3. The petitioners issued an eviction order under the relevant section of the GPP Act, which the respondent failed to appeal within the prescribed time, but filed an application for condonation of delay along with a stay application (!) (!) .

  4. The court noted that the petitioners attempted to overreach the process by raising their hands from their assurance to maintain status-quo and later taking actions that appeared to undermine the respondent’s statutory right of appeal (!) (!) .

  5. The court rejected the petitions under Article 227 of the Constitution of India, finding that the petitioners’ actions were unethical and an attempt to frustrate the statutory appeal process (!) (!) .

  6. It was observed that despite the respondent filing an appeal and seeking stay, the petitioners hurriedly took possession of the property, claiming the appeal had become infructuous, which the court condemned as high-handed and unethical conduct (!) (!) .

  7. The court held that the exercise of powers under the relevant section of the GPP Act by the petitioners’ officers, especially when such actions are challenged before a judicial authority, was improper and lacked jurisdiction (!) (!) .

  8. The court emphasized that the statutory appeal process, including the power to stay proceedings, remains valid even if the appeal is filed with a delay, provided the court is satisfied of sufficient cause (!) (!) .

  9. It was clarified that the provisions of the civil procedure code regarding appeals and stay orders are directory, not mandatory, and do not bar courts from exercising jurisdiction to grant interim relief or stay even before the delay is condoned (!) (!) .

  10. The court condemned the petitioners’ conduct of attempting to overreach judicial procedures, including taking possession prematurely and declaring the appeal infructuous, and ordered them to pay costs for their unethical approach (!) .

  11. Overall, the court reinforced that judicial processes and statutory rights of appeal must be respected, and any attempt to bypass or frustrate these rights will be met with strict consequences, including costs (!) (!) .

Please let me know if you need further analysis or specific legal advice based on this document.


JUDGMENT :

1. Both these petitions under Article 227 of the Constitution of India arise out of the order passed below Exhs.13 and 14 whereby an application made by the petitioners seeking restraint order against respondent – original applicant before the appellate Court proceeding with the hearing of the stay application prior to an application of condonation of delay be heard as also an application made requesting to grant time of four weeks to file Appeal before higher forum against the order passed below Exh.13, which came to be though granted but with the conditional order directing the petitioners to maintain status-quo of the disputed property as referred in paragraph 6(B)(i) and (ii) of the application, Exh. 1 by both the parties for the aforesaid period, in Civil Miscellaneous Application No.105 of 2022 filed before the District Judge, Gandhinagar.

2. As such, respondent herein entered into an agreement with the petitioners on 07.02.2008 whereby 5,30,000 sq meters of land for phase II project situated at GIDC, Savli on licence for development of industrial park on payment of total amount of Rs.16,95,55,500/-, including cost of land, water, power supply and general infrastruct

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