1. By an order dated 30.1.2012 this Court (Coram: K.M. Thaker, J.) has passed a detailed order and in Para 31 to 33 observed as under:-
"31. The office of Collector, Vadodara is requested to examine the entire record, including the revenue record of the lands in question and to submit a report reflecting the stage-wise and date-wise details of all events with regard to the land in question and the present status of the land in question as well as its title and ownership as per the relevant revenue record and how and when the land changed hands. The office of Collector is also authorized, for this purpose, to call for relevant record and details from the office of GIDC and GIDC is directed to co-operate with the requirement intimated by the office of Collector for the aforesaid purpose. Besides this, GIDC is also directed to file detailed affidavit stating clearly the factual aspects related to the land in question. The details must be mentioned starting from the stage when the land in question was for the first time allotted/granted or sold to the company (in liquidation).
32. The office of Collector and GIDC shall file their respective report and affidavit in the Registry of this Court and the Registry, in turn, shall place the said reports and affidavits on record of present application, by 30th April 2012.
33. Further hearing of present application shall be taken on 1st May, 2012. S.O. to 01.05.2012.
It is clarified that one of the reasons for not directing O.L. to return/refund, at this stage, the amount deposited by the petitioner society as part payment of sale consideration is to ensure that the petitioner's right pursuant to the confirmation of auction sale may not be lost (as a result of and on account of repayment/refund of the paid - deposited amount) in the event the Court, ultimately, comes to the conclusion that the previous transfer/s of the land in question in favour of any one than the company (in liquidation), is hit by the provision under Section 536 of the Act in which event the Court may be inclined to declare such transaction as void."
2. Ms.
Maithili Mehta, learned AGP appears on behalf of the Collector, Vadodara. Ms. Mehta submits that the office of the Collector, Vadodara has undertaken preliminary inquiry into the matter, on the basis of which a detailed report shall be filed. The Collector, Vadodara is, therefore, directed to file a detailed report, as observed earlier by this Court in para 32 of its order dated 30.1.2012.
3. Mr.
Rutvij Bhatt, learned advocate for GIDC also seeks further time to comply with the directions issued by this Court in para 32 of its order dated 30.1.2012.
4. In view of the above, GIDC as well as the Collector, Vadodara shall file their representations as indicated in the earlier order as mentioned above. latest by 16.6.2012.
5. The Official Liquidator is also further directed to file a detailed report in compliance with the directions issued to the Official Liquidator in the earlier order dated 30.1.2012 and further file a report indicating the current status of the land in question including the construction, if any. S.O. to 18.6.2012.
6. As the directions are issued to the District Collector, Vadodara, registry is directed to show name of Government Pleader in the cause list.
[R.M.CHHAYA, J.] mrpandya Top