IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Civil Writ Petition No.16532 of 2009 (O&M)

Date of decision: 21^st December, 2009

M/s Shivam Infratech Private Limited and another

… Petitioners

Versus

Union of India and others

… Respondents

CORAM:

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:

Mr. Ashok Aggarwal, Senior Advocate with

Mr. Adarsh Jain, Advocate for the petitioners.

Dr. Anmol Rattan Sidhu, Assistant Solicitor General of India

with Mr. Onkar Singh Batalavi, Standing Counsel

for respondents No.1 to 3.

Mr. Sunil Nehra, Sr. Deputy Advocate General, Haryana

for respondents No.4 and 7.

Mr. Arun Walia, Advocate for respondents No.5 and 6.

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

By this common order, two writ petitions, viz. amended Civil

Writ Petition No.16532 of 2009 titled ‘M/s Shivam Infratech Pvt. Ltd. and

another v. Union of India and others’ and Civil Writ Petition No.18173 of

2009 titled ‘Vatika Limited and others v. Union of India and others’ shall be

decided together.

Petitioners are companies registered under the Companies

Act and they are real estate developers and have been granted license by

the State of Haryana to develop commercial and residential colonies. The

area of activity for the present writ petitions pertains to Khasra No.315,

319, 2482/320/2/1/2/1/1, 2482/320/2/2/1/1, 548/1/1, 308, 318/2, 314/2,

304/2/2 situated in the revenue estate of Shikohpur, Tehsil and District

Gurgaon, where they intended to set up residential colonies. To be

Civil Writ Petition No.16532 of 2009 (O&M)

precise, the dispute pertains to land falling within Khasra No.318/2 and

319.

Petitioners have impleaded Union of India through its

Secretary, Ministry of Petroleum & Natural Gas; M/s Gas Authority of India

Limited (hereinafter referred to as ‘GAIL’) through its Managing Director;

State of Haryana through Commissioner and Secretary, Department of

Town and Country Planning; Haryana Urban Development Authority and

the Director, Town and Country Planning Haryana as respondents, and

made a prayer that this Court should issue a writ in the nature of certiorari

and quash the action of respondents No.1 and 2, i.e. Ministry of Petroleum

& Natural Gas and GAIL to lay gas pipe line in the land owned and

possessed by the petitioners, as the same is contrary to minutes of the

meeting (Annexure P-1) (reproduced in later part of the judgment) held on

28^th May, 2009 and letter issued by the District Town and Country

Planning, Gurgaon dated 5^th August, 2009 (Annexure P-11). A further

prayer made in the writ petition is that a writ in the nature of mandamus be

issued directing the respondents to re-route the gas pipe line through the

green belt instead of residential sectors, to be specific, from the area

demarcated for public utility services.

The Planning Commission and Ministry of Petroleum &

Natural Gas, in the larger public interest, felt the necessity to provide

natural gas through gas pipe line to the entire India by establishing gas

pipe line grid. Gas pipe line is to be laid in a phased manner for multiple

purposes. The gas pipe line, which is being laid and made subject matter

of present writ petition, is to pass through Chainsa – Gurgaon – Jhajjar –

Hissar. Needless to say, with the laying of gas pipe line, there will be

overall development of this region. It will give impetus to industry and

transportation sector, leading to generation of employment and overall

prosperity of the State. Not only will it improve the fiscal health of the

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Civil Writ Petition No.16532 of 2009 (O&M)

State, but also swell collection of taxes for the State. Natural gas is to be

used for city gas supply to cater to need of domestic customers. It is also

likely to change the way of life of the residents around the gas pipe line.

Natural gas is an alternative fuel to the present day for petroleum

consumption. It is not only environmental friendly, but has got less

operation