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MCA/2987/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR MODIFICATION OF ORDER No. 2987 of 2009
In
SPECIAL
CIVIL APPLICATION No. 2252 of 2008
With
MISC.CIVIL
APPLICATION No. 2988 of 2009
In
SPECIAL CIVIL APPLICATION No.
3380 of 2008
=========================================================
RELIANCE
GAS TRANSPORTATION INFRASTRUCTURE LIMITED - Applicant(s)
Versus
STATE
OF GUJARAT & 72 - Opponent(s)
=========================================================
Appearance :
MR
K S NANAVATI FOR NANAVATI
ASSOCIATES for
Applicant(s) : 1,
MS V S PATHAK, ASST GOVERNMENT PLEADER for
Opponent(s) : 1,
MS SEJAL K MANDAVIA for Opponent(s) : 2,
None
for Opponent(s) : 3,7 - 73.
MR NM KAPADIA for Opponent(s) : 4 -
5.
MR PS CHAMPANERI for Opponent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 28/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
Applicant
is common in both the applications. Applicant was the original
petitioner in Special Civil Application Nos.2252 of 2008 and 3380 of
2008. The petitioner company had laid pipeline for carrying gas
through the lands belonging to the private owners i.e. respondents in
the original petitions. Since in favour of some of the land owners
the Revenue Authority had granted N.A. permissions, the petitioner
has challenged the said permissions in the above petitions. These
petitions alongwith group of petitions filed by the land owners
objecting for laying down of the pipeline came to be disposed of by a
common judgment and order dated 13/07/2009. It is the apprehension
of the applicant petitioner that in view of the disposal of writ
petitions filed by the applicant, land owners may develop their
lands, as per the N.A. permissions granted by the Revenue Authorities
violating the safeguards provided in Section 9 of the Petroleum and
Minerals, Pipelines (Acquisition of Right of User in Land) Act, 1962
(the Act for short).
Having
heard learned Counsel for the applicant and having perused the
provisions contained in Section 9 of the Act, we are of the view that
judgment and order dated 13/07/2009 passed in the group of petitions
is not required to be recalled or modified. However, it is clarified
that it will be open for the applicant to raise this contention
before the appropriate Revenue or Local Authorities pointing out the
provisions of Section 9 of the Act. Such authorities, we are sure
will bear in mind such objections before granting further permission
for development to the land owners.
Subject
to above observations applications are disposed of.
(D.A.Mehta,
J.) (Akil Kureshi, J.)
sompura
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