V.GOPALA GOWDA, UDAY UMESH LALIT
Essar Steel Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
V. Gopala Gowda, J.
The present appeals arise out of the impugned common final judgment and order dated 16.05.2008 passed in Special Civil Application No. 4468 of 2008 etc. by the High Court of Gujarat at Ahmedabad, wherein by a majority of 2:1, a Three Judge bench upheld the validity of the impugned policy decision dated 06.03.2007 on the ground that the Union of India is competent to take the policy decision and further it has held that it is either arbitrary, unjust or violative of the fundamental rights of the appellants herein.
2. Since the facts in all these appeals raise the same issue for our consideration, for the sake of brevity, we refer to the facts of Civil Appeal No.4610 of 2009. The necessary relevant facts required to appreciate the rival legal contentions advanced on behalf of the parties are stated in brief hereunder:
India purchases natural gas from Gulf countries. Since gas in large quantities cannot be feasibly transported by pipelines across countries, before such gas is transported, it is liquefied and thereafter shipped to India. This liquefied gas is known as Liquefied Natural Gas (hereinafter referred to as “LNG”). Once this liquefied gas reaches In
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