Supreme Court sets Gujarat High Court order aside favouring Adani Ports SEZ: Report
Earlier, the Gujarat High Court had allowed Adani Ports Special Economic Zone Ltd (APSEZL) to acquire as much as 34 acres of land adjacent to Mundra Port in Gujarat if the CWC failed to obtain approval or waiver of its warehousing facility as an SEZ-compliant unit within three months.
FollowIn a case of dispute between Adani Ports Special Economic Zone Ltd (APSEZL) and Central Warehousing Corporation (CWC), the Supreme Court has observed that it is surprised with the observations made by the High Court while setting aside the Gujarat High Court order.
According to reports, the bench, headed by Justices BR Gavai and CT Ravikumar said that the approach of the High Court ought to have been a balanced one and that the settlement could not have been thrust upon a statutory Corporation to its detriment and to the advantage of a private entity.
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Earlier, the Gujarat High Court had allowed Adani Ports Special Economic Zone Ltd (APSEZL) to acquire as much as 34 acres of land adjacent to Mundra Port in Gujarat if the CWC failed to obtain approval or waiver of its warehousing facility as an SEZ-compliant unit within three months.
Aggreived with this order, the CWC approached the Supreme Court contending that the order of the High Court is almost thrusting a part of the settlement on the CWC.
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"When an issue involved the balancing of interests of a statutory Corporation and a private company, the approach of the High Court ought to have been a balanced one. The High Court ought to have taken into consideration that, unless all the three conditions were complied with, the interest of the appellant-CWC, which is a statutory Corporation, could not have been safeguarded," the bench observed.
"If a settlement was to be arrived at, unless the same was found to be in the interest of both the parties, it could not have been thrust upon a statutory Corporation to its detriment and to the advantage of a private entity.", the bench observed.
With this, the bench set aside the High Court order. The matter was remitted back to the Single Judge of the High Court for consideration afresh, to be decided as expeditiously as possible andÂ
