Bhartiya vs Gujarat

Heard learned advocate Mr. Mishra appearing on behalf of petitioner, learned advocate Mr. Gupta for M/s. Trivedi and Gupta appearing on behalf of respondent No.1 Gujarat Heavy Chemicals Ltd., learned advocate Mr. Manoj Srimali for Girish Patel Associates appearing on behalf of respondent Nos.6 to 10 and learned AGP Ms. Vandana Bhatt appearing on behalf of respondent Nos.2 to 5 - State Authorities.

The difficulty is that respondent No.1 Gujarat Heavy Chemicals Limited is not having legal and valid lease permission for running industry in the place where it is situated.

Learned advocate Mr. Gupta submitted that order passed by District Collector, Junagadh on 20th September 2007 referring matter to State Government whether lease period is required to be extended in favour of company or not. Therefore, he submitted that now, matter is pending before Secretary, Revenue Department, Government of Gujarat for decision.

Today, in response to order passed by this Court on 30th April 2010, Mr. M.P.S. Pawar, Superintendent of Police, Junagadh is personally present before this Court and submitted that in absence of legal and valid lease permission in favour of company, it is very difficult for police authority to give protection to the situation which may arise.

Learned advocate Mr. Mishra submitted that because of closure of company or suspension of work, more than 50 workers are without job and without wages since 6th October 2008, therefore, he submitted that some suitable directions may be issued to State Government, so, they may decide the matter whether lease is required to be extended in favour of company or not.

Therefore, learned advocate Mr. Gupta also submitted that some directions may be issued to Secretary, Revenue Department, Government of Gujarat in response to order passed by District Collector, Junagadh on 20th September 2007.

Learned advocate Mr. Srimali also not having any objection if some directions may be issued by this Court to Secretary, Revenue Department, Government of Gujarat.

In light of this background, it is directed to Secretary, Revenue Department, Government of Gujarat to decide the said issue in respect to order passed by District Collector, Revenue Branch, Junagadh dated 20th September 2007 after giving reasonable opportunity of hearing to Gujarat Heavy Chemicals Limited, Sarpanch of village Kob and Chikhli with all other affected villages and also to representative of workers those who are working with Gujarat Heavy Chemicals Limited and thereafter, to pass appropriate reasoned order on or before 30 th June 2010 and communicate the same to all the respective parties immediately.

Now, in this matter, on the next date of hearing i.e. 12th July 2010, the presence of Mr. Pawar, Superintend of Police, Junagadh is dispensed with.

Accordingly, matter is adjourned to 12 th July 2010.

[H.K.

RATHOD, J.] #Dave Top