Court Grants Interim Relief to Corporation for Warehouse Operations

The court granted interim relief to the appellant-Corporation, allowing them to continue their warehousing activities and transportation operations in the warehouse until the next hearing date. The court emphasized the importance of preventing any immediate adverse effects on the appellant's operations and public interest. The case will be further examined with a returnable notice set for 23rd January 2017, indicating the urgency and significance of the matter.

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Issues:
Challenge to validity of communication dated 5.1.2017 issued by the Chief Operating Officer of the 2nd respondent regarding warehousing activity and gate passes under SEZ Rules.

Analysis:
The case involves a Letters Patent Appeal against an order passed by a single Judge in a Special Civil Application. The challenge in the writ-petition is directed towards the communication issued by the Chief Operating Officer of the 2nd respondent on 5.1.2017. This communication conveyed the decision not to permit the continuation of warehousing activity by the appellant-Corporation and the refusal to issue gate passes for transportation and storage of food grains. The appellant contends that they have been using the leased area for storing food grains since 2005, and the sudden halt in operations would negatively impact public interest. The communication makes reference to Rule 11(5) and Rule 11(7) of the SEZ Rules, the applicability of which is a crucial aspect to be considered in the ongoing petition before the single Judge.

The primary contention revolves around the appellant's claim of using the leased area for warehousing activities since 2005, even before the SEZ Act notification. The appellant argues that stopping their operations abruptly would harm public interest. Therefore, as an interim measure, the court directed the respondents to allow the appellant-Corporation to continue their storage and transportation activities in the warehouse. Additionally, the respondents were instructed to issue necessary gate passes for transportation until the next hearing date. This interim relief was granted to prevent any immediate adverse effects on the appellant's operations and public interest.

The Judges, the Chief Justice Mr. R.Subhash Reddy and Mr. Justice Vipul M. Pancholi, ordered for the notice to be returnable on 23rd January 2017, indicating the timeline for further proceedings in the case. The oral order highlights the urgency and significance of the matter at hand, emphasizing the need for a prompt resolution. The detailed analysis of the communication, SEZ Rules, and the appellant's arguments sets the stage for a thorough examination of the legal issues involved in the case.

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