JUDGMENT :

D. N. RAY, J.

INDEX TO THE JUDGMENT

APPEARANCE DETAILS

OUTLINE OF THE CASE 

FACTUAL MATRIX 

Notification Dated 21.08.2008; 

Notification Dated 02.04.2009. 

PRAYERS AND RELIEFS SOUGHT 

SUBSTANTIAL QUESTIONS OF LAW

ARGUMENTS OF THE PETITIONER(S) 

Void for Identity with the State Act, 2001;

Impermissible Encroachment upon the field reserved for the Union;

 State Enactment beyond Legislative Competence;

 Non-Consideration of Repugnancy in Presidential Assent; 

 Inadequate Framework for Assessment of Compensation; 

 Pith and Substance attracted – Entry 53, List I;

 Infringement of Articles 14, 19(1)(g) and 21. 

ARGUMENTS OF THE RESPONDENTS Arguments of the Respondent Nos. 1 & 5

 Chain of Litigation leading to Present Proceedings; 

 Both enactments traceable to Entry 42, List III ; 

 Doctrine of Parliamentary Legislations and Occupied Field; 

 Judgments referred and relied upon;

 Referability of the Act, 1962 to Entry 42 vis-à-vis FPCE Judgment; 

 Section 18 vis-à-vis Karunanidhi Principle.

Arguments of the Respondent No. 2 (GSPL)

 No Invalidation Warranted – Glimpse of Essential Infrastructure;

 GSPL’s Infrastructure Projects and Activities; 

 Act of 2000 was enacted to confer unaddressed authority; 

 Harmonious Coexistence of Parallel Statutes 

 No repugnancy as Complimentary Legislative Fields. 

FINDINGS AND ANALYSIS

 Progression of developments in the matter since enactment; 

 Legislative Competence over ‘Natural Gas’ – Entry 53, List I; 

 Examination of alleged overlap between 2000 and 2001 Acts.; 

 Judicial approval of the Competence (Anil @ Bipinchandra); 

 Core issue for adjudication as per the Order dated 19.07.2011; 

 R. C. Cooper – Stare Decisis on Entry 42, List III; 

 Plea of Per Incuriam in respect of earlier decisions; 

 Purpose and Referability of the Central Act of 1962; 

 SOR of the Central Act of 1962; 

 SOR of the impugned State Act, 2000;

 Comparision of the Central Act & the State Act;

 Section 18 of the Act of 1962 vis-à-vis Karunanidhi Judgment;

 Analysis of “in addition to and not in derogation of”;

 SOR of the Railways (Amendment) Act, 2008 [for acquisition];

 Dominant purpose for the enactment of the State Act, 2000.

CONCLUSIONS

Appearance Details

1. Heard Ms. Tanmayi Poojari, learned advocate assisted by Mr. Saurabh Patel, learned advocate appearing for the petitioner in Special Civil Application No.15368 of 2010; Ms. Radhika Bhatt, learned advocate for Mr. S.P. Majmudar, learned advocate appearing for the petitioner in Special Civil Application No.5098 of 2010; Mr. Kamal B. Trivedi, learned Advocate General assisted by Mr. Vinay Vishen, learned Assistant Government Pleader appearing for the respondent Nos.1 and 5, Mr. Mihir J. Thakore, learned Senior Counsel assisted by Mr. Aspi M. Kapadia, learned advocate appearing for the respondent No.2.

Outline of the Case

2. In the present petitions, the petitioner(s) have, inter alia, assailed the constitutional validity of the Gujarat Water & Gas Pipelines (Acquisition of Right of User in Land) Act, 2000, an enactment of the State Legislature of Gujarat dated 14.03.2000. The said State enactment has been legislated in the backdrop of, and in connection with, the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as “the Central Act of 1962”), which is a Parliamentary enactment dated 07.12.1962, and the challenge is premised, inter alia, on issues relating to constitutional validity and legislative competence of the Act of 2000.

3. Issues raised in Special Civil Application No. 15368 of 2010 and Special Civil Application No. 5098 of 2010 are substantially identical and they were heard together. For the sake of convenience, Special Civil Application No. 5098 of 2010 is treated as the lead petition, and the decision rendered herein shall govern the outcome of the connected application as well.

Factual Matrix

4. The facts, in nuce, giving rise to the filing of the present lead petition are as under:-

4.1 The petitioner is st