Reserved On : 12/12/2025 Pronounced On : 18/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7989 of 2017 FOR APPROVAL AND SIGNATURE:

HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY ==========================================================

Approved for Reporting Yes No ✔

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SUNILKUMAR NANDKISHORE GUPTA & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR RASHESH SANJANWALA, SENIOR ADVOCATE WITH MR ROHAN A SHAH(7497) for the Petitioner(s) No. 1,2,3,4,5,6,7,8 MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,4,6 HIMANSHI R BALODI(8919) for the Respondent(s) No. 3 MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 5 MR K.R. MISHRA, ADVOCATE WITH MR. M.H. SHEKHAWAT(7194) for the Respondent(s) No. 3 MR MAULIK NANAVATI, ADVOCATE FOR NANAVATI & CO.(7105) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY

CAV JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

The present petition is directed against the notices dated

15.03.2017, 16.03.2017 and 17.03.2017 issued by the District Judge, Ahmedabad (Rural) and the report dated 08.02.2016 of the Deputy Collector and Sub-Judicial Magistrate, Ahmedabad.

2. The petitioners herein (eight in number) are the Directors of the then M/s. Nova Petrochemicals Ltd., and would submit that with the de-merger of the then company approved by this Court, two new companies, namely M/s. GSL Nova Petrochemicals Ltd. and M/s. CIS Nova Petrochemicals Ltd. were constituted. The then company M/s. Nova Petrochemicals Ltd. (in short as’ NPL) was engaged in the business of manufacturing and selling of Polyester partially orientation yarn products. The respondent No.3 is an agriculturist, who lodged complaint against the then NPL for the damage caused to his agricultural lands.

3. The respondent No.4, the Deputy Collector and Sub- Divisional Magistrate has submitted the impugned report dated 08.02.2016 to the District Magistrate under the directions issued by this Court in the judgment and order dated 17.09.2019. By means of the notices impugned, the District Judge, Ahmedabad (Rural) had called upon the petitioners to pay compensation for the damages caused to the agricultural lands of the agriculturists (including the petetioners herein) to the tune of Rs. 1,03,29,240/-.

4. The copies of the notices issued to the petitioners herein are appended at page Nos. ‘23’ to ‘30’ of the paper book. A perusal thereof indicates that the District Judge, Ahmedabad has not fixed individual liability on any of the petitioners herein rather the notices refer to the report dated 08.02.2016 of the Sub-Divisional Magistrate, wherein damages to the agricultural lands of the farmers had been computed to the tune of Rs. 1,55,87,502/-. The notice also state that in the joint meeting conducted by the District Judge, Ahmedabad (Rural) and the District Magistrate, Ahmedabad (Rural), upon perusal of the report of the Sub-Divisional Magistrate, Sanand, it was found that the compensation to the tune of Rs. 1,03,29,240/-, in total, was required to be levied upon the company (NPL), as per the revised report dated 22.03.2016 of the Sub-Divisional Magistrate, Sanand.

5. The challenge to the notices and the report of the Sub- Divisional Magistrate is primarily on the grounds that the impugned report dated 08.02.2016 submitted by the Committee constituted in light of the judgment and order dated 17.09.2009 passed in Special Civil Application No. 9699 of 2008 cannot be made basis to initiate recovery from the petitioners. It was contended that the constitution of the Committee to assess the damage and compensation to the farmers, was a temporary solution provided by the High Court. The role of the Com