Back
SUNITA AGARWAL, ANIRUDDHA P. MAYEE
State Of Gujarat – Appellant
Versus
Tensile Steel Ltd. – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
The instant Appeal is directed against the judgment and order dated 4.12.2019 passed by the learned single Jude in allowing the writ petition seeking for quashing of the order dated 18.09.2019 passed by the Collector, Vadodara and further directing the respondent to grant non-agricultural use permission for the land-in-question, bearing Survey No. 428/1, included in the Town Planning Scheme No. 19, Final Plot No. 150 of Vadodara Kasba, Vadodara.
2. The brief facts, relevant to decide the controversy at hands, are that the land-in-question bearing Survey No. 428/1 admeasuring 98901 sq.mtrs. was granted on lease to the original petitioner/respondent herein vide order dated 14.11.1960 passed by the Collector, Vadodara. The possession was handed over to the respondent/original petitioner on 23.3.1961 and on 30.11.1961, an agreement came to be executed between the parties on certain terms and conditions enumerated therein. The relevant clauses ‘f’, ‘g’ and ‘h’ of the said agreement, which are the bone of contentions between the parties, are to be noted herein:-
The main legal point established in the judgment is that the modification of a rehabilitation scheme under the Sick Industrial Companies (Special Provisions) Act, 1985 must be in accordance with the ....
The scheme sanctioned by the State Government under the SICA has over-riding effect, and a court executing a decree cannot go behind the decree.
The suspension of legal proceedings under Section 22(1) of the Sick Industrial Companies Act applies only to ongoing proceedings that would threaten the rehabilitation of sick companies, not to mere ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
