MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Decision to Allot Industrial Plots Without Public Auction Is Flawed: Gujarat High Court Voids GIDC's Land Exchange Deal

07 May 2024 8:19 AM

By: Admin


The Gujarat High Court has declared the Gujarat Industrial Development Corporation’s (GIDC) decision to allot industrial plots without public auction invalid. The court found the exchange deed, which swapped developed industrial plots for agricultural lands, flawed and criticized the GIDC for procedural irregularities and potential collusion. The ruling emphasizes the need for transparency and adherence to legal norms in land allotment processes.

The court highlighted significant flaws in the decision-making process, noting that the GIDC's Vice Chairman and Managing Director took unilateral decisions without the collective approval of the Board of Directors. "The delegation of powers in this context was unauthorized, and the decisions lacked transparency and procedural integrity," the court remarked.

The court found that the exchange deed, which involved swapping 30,000 sq.mtrs. of developed industrial plots for 34,743 sq.mtrs. of agricultural lands, was not properly evaluated. The court observed, "The assertion that both lands were of the same valuation is misleading and unsupported by a valid valuation report."

The judgment raised concerns about possible collusion between the GIDC officials and the private party, respondent No.5. It noted that the agricultural lands were purchased at a throwaway price and quickly exchanged for high-value industrial plots. The court stated, "The actions of respondent No.5 indicate profiteering at the expense of public interest, facilitated by GIDC officials."

Chief Justice Sunita Agarwal remarked, "The exchange of fully developed plots with underdeveloped agricultural lands, by no stretch of imagination, can be said to be in the interest of the Corporation or beneficial to the public exchequer."

The Gujarat High Court’s ruling underscores the importance of following proper procedures and maintaining transparency in public land transactions. The decision serves as a reminder of the need for stringent oversight in the management of public assets to prevent misuse and ensure public trust in governmental processes.

Date of Decision: May 17, 2024

Satyajeet Kumar vs. State of Gujarat & Ors.

Latest Legal News