Wildwoods Resorts And Realties ... vs State Of Gujarat

01. The petitioners have filed this petition for the following reliefs, "(A) That the Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order of direction commanding the Respondents to forthwith decide the following applications of the petitioner company:

(i) application dated 22.09.2016 for NOC from National Board for Wildlife/ Environmental Clearance;

(ii) application dated 04.07.2011 for fixing premium for Land bearing survey no. 143/ 1,143/2 and 143/3 , village Patla, Taluka Dhari, Amreli;

(iii) application dated 02.09.2015 for extension of time for completion of construction under order of grant of Government Land dated 27.10.2010;

the Gujarat Land Revenue Code,1879;

(v) application dated 18.06.2016 for NOC of the Collector under Land Use Policy of 01.07.2015;

(vi) application dated 26.10.2016 for approval of building plan by the Town Planner, Amreli;

(vii) application dated 02.11.2010 for permission for Non Agricultural Ute of land bearing survey no. 139 and 140, village Patla, Taluka : Dhari, Amreli under section 65 of the Gujarat Land Revenue Code,1879;

(viii) application dated 02.11.2010 for permission for Non Agricultural Use of land bearing survey no. 6/2, 6/ 1, 151/5, 151/6 village Patla, Taluka Dhari, Amreli under section 65 of the Gujarat [and Revenue Code, 1879;

(ix) application dated 08.11.2011 for permission for Non Agricultural Use of land bearing survey no. 22/ 2/ 2, village Path, Taluka Dhari, Amreli under section 65 of the Gujarat Land Revenue Code,1879;

(x) application dated 08.11.2011 for permission for Non Agricultural Use of land beating survey no. 22/7/2, 22/1/2, village Paula, Taluka Dhari, Amreli under section 65 of the Gujarat Land Revenue Code,1879 ; (xi) application dated 08.11.2011 for permission for Non Agricultural Use of land bearing survey no. 24/2, village Path, Taluka Dhari, Amreli under section 65 of the Gujarat Land Revenue Code,1879;

(xii) application data! 13.06.2016 for correction of errors in describing land in NOC dated 14.12.2009;

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C/SCA/18261/2018 ORDER (B) That Pending the hearing and final disposal

of this petition, the Hon'ble Court be pleased to restrain the respondents from taking coercive steps in respect of land bearing Survey No. 6/1, 6/3, 6/ 4, 7, 8/1, 9/1, 12/1, 15, 18, 138/7, 145, 161, 139, 140, 6/2, 6/5/1, 151/6, 151/5, 22/1/2, 22/2/2, 22/7/2, 24/2, 143/1, 143/2, 143/3 totally admeasuring 71.54.53 Hec. Are S. Meters and in respect of land beating Survey Nos. 8/2,11,17, 19, 20, 25,141,144,146,147, 13, 14 and 16 admeasuring 99.48.24 Sq. Meters comprising of situated at Village Patla, Taluka Dhari;

(C) That pending the hearing and final disposal of this petition, the Hon'ble Court be pleased to direct the Deputy Conservator of Forests, Dhari to forward the application of the Petitioner Company dated 22.09.2016 to the National Board for Wild Life, New Delhi seeking Environmental Clearance;

(D) xxx xxx xxx (E) xxx xxx xxx."

02. As it emerges from the record that the petitioner no.1 is the Company registered under the provision of the Companies Act, 1956 and the petitioner no.2 is the Shareholder and Director of the petitioner no.1 - Company. This petition pertains to the project of establishing wildlife resort for tourism in the land situated at Village : Patla, Taluka : Dhari, District : Amreli admeasurign He. Are. Sq. Mtrs. 71.54.53 of land, part of which is privately owned and part of which is granted by the Government, details of the said land is given Page 3 of 6 C/SCA/18261/2018 ORDER in the memo of petition.

03. Heard learned advocate, Ms. Megha Jani for the petitioners and learned AGP Ms. Asmita Patel for the respondent authorities.

04. Learned advocate for the petitioners submitted that Memorandum of Understanding came to be executed between the petitioner and the respondent

- State on 12.01.2009 during Vibrant Gujarat Global Investor Summit, 2009 for the purpose of establishing project of Wildlife Resort in the aforesaid place and the respondent - State agreed that in order to enable the petitioners to implement the said project at the cost of approximately Rs.80.00 crores with potential of generating employment to 300 persons, the respondent - Government would facilitate the the petitioners to obtain necessary permission, registration from the concerned department of the State Government and State Government and the Government would also help in availing incentive schemes announced by the State and/or the Central Government. Learned advocate for the petitioners has referred to the said MOU produced on record.

05. The grievance of the learned advocate for the Page 4 of 6 C/SCA/18261/2018 ORDER

petitioners is that after MOU was signed with the respondent - State, the petitioner no.1 submitted various applications for the grant of permission before the respondent authorities from time to time, however, though such applications are received by the respondent authorities till date, no action is taken by the respondent authorities on the said applications. Learned advocate for the petitioners referred to the documents produced along with the memo of petition i.e. the application submitted to the respondent authorities. Thus, the petitioners have alleged inaction on the part of the respondent authorities in deciding the applications submitted by the petitioners to the respondent authorities.

06. It is required to be noted that this Court has issued notice on 03.12.2018 to the respondents, however till date, the respondent authorities have not filed any affidavit­in­reply in the present petition.

07. However, learned AGP Ms. Patel submitted that if the applications submitted by the petitioners are not decided by the respondent authorities, same would be considered and decided within time in Page 5 of 6 C/SCA/18261/2018 ORDER accordance with law.

08. In view of the aforesaid submissions canvassed by learned advocates for the parties and in view of the fact that the petition no.1 has submitted various applications to the respondent authorities long back, this petition is disposed of with a direction to the respondent authorities to decide the applications submitted by the petitioners, details of which are mentioned in Para No.24(A) of the petition i.e. in the prayer clause as expeditiously as possible preferably within a period of four months from the date of receipt of this order in accordance with law after providing an opportunity to all concerned. It is clarified that this Court has not examined the merits of the case.

09. With the aforesaid observations and directions, this petition stands disposed off. Direct service is permitted.

(VIPUL M. PANCHOLI, J.) Gautam Page 6 of 6