December 2, 2022

State-run Central Warehousing Company (CWC) has moved the Supreme Court docket alleging that Adani Ports Particular Financial Zone (APSEZ) has misrepresented the authorities in order to remove its 34 acre allegedly adjoining to latter’s Mundra Port in Gujarat.

In it enchantment, CWC, which is working a warehouse comprising of two godowns with a complete capability of 66,000 MTs on the 34-acre plot, has chllenged the illegal inclusion of its land within the SEZ space. It has challenged the Gujarat HC Division Bench’s order that requested to CWC to acquire approval or a waiver as a SEZ compliant unit from the competent authority in respect of its warehouse facility located in 34 acre in query inside SEZ Space developed by APSEZL.

In case, CWC didn’t get such approval inside three months, the APSEZ was directed to amass the land of the identical measurement exterior SEZ space for the development of a warehouse facility inside one yr. The HC had additionally requested CWC to vacate and provides possession of its present warehousing facility and the land inside three months after a brand new different association was made by the APSEZ.

A Bench led by Justice BR Gavai whereas looking for response from the ministry of shopper affairs, meals and public distribution, APSEZ and others requested the events to amicably settle the problem. Earlier makes an attempt to amicably settle the row had failed as CWC had raised apprehensions that the choice plot provided by APSEZ exterior the SEZ was round 25 kms from its current godown was unsuitable and would trigger appreciable loss to its enterprise. “Any loss from shifting to such different location would finally be borne by the general public exchequer,” it mentioned.

Alleging that the HC has imposed “utterly unreasonable and unconscionable situations” that are sure to trigger appreciable loss to the general public exchequer, CWC mentioned that has been left on the mercy of APSEZ and the choice to use to the Improvement Commissioner, APSEZ, can also be more likely to outcome solely in a paper train because the division of commerce had already taken the view that there is no such thing as a permissibility of denotification/partial notification of any space from the APSEZ.

“In a wholly impermissible method, the HC has foisted unreasonable situations on CWC, successfully compelling CWC to shift out of the SEZ space, for no fault of its personal and solely on account of the mis-representation and illegal utility filed by APSEZ in contravention of the SEZ Guidelines, 2006,” the petition said.

“Even in different instances, comparable notifications for exclusion/deletion of parcels of land from the notified SEZ space have been issued by the division of commerce. As an illustration, it had in October 2013, on the occasion of RIL, de-notified an space of 708.13 hectares from its notified SEZ of RIL at Jamnagar in Gujarat, the petition said.

CWC, which has been offering its warehouse for storage of meals grains of Meals Company of India and notified commodities akin to cotton bales bought by Cotton Company of India at MSP, and many others, mentioned that the land was leased to it in June 2004 by Gujarat Adani Ports and it had spent large cash to develop the land and its adjoining areas.

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