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SCA/8599/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8599 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI Sd/-
HONOURABLE
MR.JUSTICE G.B.SHAH
Sd/-
======================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
======================================
GOKULBHAI
SHAMBHUBHAI BARAIYA & 85 - Petitioners
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 2 - Respondents
======================================
Appearance
:
MR
DIPEN A DESAI for Petitioners.
MR NJ SHAH, AGP for Respondent No.
1.
None for Respondent Nos.2 -
3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 11/07/2011
ORAL JUDGMENT
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
We
have heard Mr. Dipen A. Desai, learned counsel for the petitioner
and Mr. N. J. Shah, learned Assistant Government Pleader appearing
for respondent No.1.
The
petitioners are residents of various villages situated near Palitana
Taluka of Bhavnagar District. By means of this writ petition, the
petitioners have challenged the notifications issued under Sections
3 & 6 of the Gujarat Water & Gas Pipelines (Acquisition of
Right of User in Land) Act, 2000 (Act No.5 of 2000) (hereinafter
referred to as ‘the Act’).
Under
the provisions of Section 3 of the aforesaid Act, notification was
issued on 19.01.2011. Thereafter, objections were invited under
Section 4 of the Act. The petitioners have filed their objections
and the objections have been decided by the Competent Authority on
15.04.2011 by a reasoned order. A copy of the order has been
produced as Annexure H to this petition. After deciding the
objections of the petitioners, declaration under Section 6 of the
Act has been issued on 25.05.2011 and thereafter the work of laying
down the water pipelines has been started as the water pipelines is
necessary for Bhavnagar District as the earlier pipelines could not
supply the water to the extent the water was required by Bhavnagar
city.
The
grievance of the learned counsel for the petitioners is that the
crops of the petitioners are standing in their fields and if the
pipelines are laid, then their crops will be damaged and the
petitioners would suffer loss as their standing crops would be
destroyed to some extent.
The
provisions of the Act takes care of the loss which may be suffered
to
the persons aggrieved while
laying down the pipelines and provides for grant of compensation.
If the petitioners suffer loss, they would be suitably compensated
under the provisions of the Act. Laying down of water pipelines is
in larger public interest and we are not inclined to interfere in
the matter. This petition is devoid of any merits and is
accordingly dismissed.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[G. B. SHAH, J.]
Savariya
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