MGN

IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL

CIVIL

CIVIL APPELLATE SIDE

APPELLATE SIDE

APPELLATE SIDE

WRIT

WRIT

WRIT PETITION NO.1656 OF 2007

PETITION NO.1656 OF 2007

PETITION NO.1656 OF 2007

1.Ashok Hassanand Bathija & Ors..Petitioners

Versus

1.Shri K.N. Kashivale, Deputy

Collector & Competent Authority

& Ors.

....Respondents

Mr. P.K. Dhakephalkar, Senior Counsel with Mr.

J.S.Chandnani, for the Petitioners

Mr. Arif Bookwala, Senior Counsel with Mr. Cyrus Ardeshir

i/b. S.N. Gupta & Co., for respondent Nos. 2 to 4.

Mr.A.J. Rana,Special Counsel for Respondent Nos.1,5 to 7.

CORAM

CORAM

CORAM : :

: F.I.

F.I.

F.I. REBELLO &

REBELLO &

REBELLO &

R.M.SAVANT,

R.M.SAVANT,

R.M.SAVANT, JJ.

JJ.

JJ.

DATED

DATED

DATED : 5TH APRIL, 2007

: 5TH APRIL, 2007

: 5TH APRIL, 2007.

P.C.

P.C.

P.C.

.

Rule. By consent of the parties heard forthwith.

Petitioners

are

the

owners

of

land

bearing

Survey

No.84,85

and

87

in

village

Ris,

Taluka

Khalapur,

District

Raigad.

The

respondent

No.2

is

having

a

Project

of

laying

natural

gas

pipeline

from

Panvel

to

Ambewadi

in

Raigad

District.

On

15th

June,

2004

the

Government

of

India

published

a

Notification

under

Section

3(1)

of

the

Petroleum

and

Minerals

Pipelines

(Acquisition

of

Right

of

User

in

Land)

Act,

1962,

hereinafter

known

as

the

Act,

declaring

its

intention

to

acquire

the

right

of

user

in

the

lands

in

the

concerned

villages

in

Taluka

Khalapur,

District

Raigad

including

the

petitioners

land.

The

petitioners

were

served

with

notice

of

acquisition

under

the

Act.

On

28th

April,

2005

the

petitioners

filed

their

objections

opposing

to

the

route

of

the

pipeline

and

suggesting

alternative

routes

-2-

which

according

to

the

petitioners

will

serve

the

same

purpose

of

laying

the

proposed

gas

pipeline.

The

petitioners

made

a

further

representation.

Subsequent

to

representations

and

the

hearing

which

took

place

before

the

respondent

No.1

the

Competent

Authority,

the

respondent

No.1,

by

his

order

dated

20th

June,

2005

was

pleased

to

hold

that

the

lands

in

the

village

Ris,

Taluka

Khalapur

need

not

be

sent

for

Section

6(1)

notification

at

that

stage

to

the

Government

of

India.

The

respondent

No.2

was

directed

to

study

the

alternative

route

suggested

by

the

objectors

and

submit their fresh proposal for acquisition under the Act

for the proposed pipeline.

.

Thereafter the petitioners sought information from

the

respondent

No.2.

A

joint

inspection

also

took

place

between

the

Senior

Managers

of

Respondent

No.2

and

the

petitioner

No.1.

On

4th

January,

2007

the

Competent

Authority

issued

a

notice

of

the

meeting

to

be

held

on

6th

January,

2007.

The

petitioners

by

their

application

dated

17th

January,

2007

stated

that

if

the

Respondents

want

to

take

some

steps

the

GAIL

(I)

will

have

to

start

regular

proceedings

before

the

Competent

Authority.

The

petitioners

submitted

that

the

respondent

No.1

and

other

respondents

had

not

submitted

any

statement

regarding

their

studying

the

three

routes

alignments

as

directed

in

the

order

dated

20th

June,

2005.

The

letters

letter

by

the

petitioners

to

respondent

No.1

it

appears

were

forwarded

to

respondent

No.2

apparently

for

their

comments.

Thereafter

b