LPA/233/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 233 of 2008 In SPECIAL CIVIL APPLICATION No. 2252 of 2008 With LETTERS PATENT APPEAL No. 253 of 2008 In SPECIAL CIVIL APPLICATION No. 899 of 2008 AND CIVIL APPLICATION No. 2564 of 2008 In LETTERS PATENT APPEAL No. 233 of 2008 With CIVIL APPLICATION No. 2840 of 2008 In LETTERS PATENT APPEAL No. 253 of 2008 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= LALJIBHAI KADVABHAI SAVALIYA - Appellant(s) Versus STATE OF GUJARAT & 72 - Respondent(s) ========================================================= Appearance : MR YATIN OZA, Sr. Advocate with MR BALRAM D JAIN for the Appellant, MR MAULIK NANAVATI, AGP for Respondent(s) : 1, MS TRUSHA MEHTA for MS SEJAL MANDAVIA for Respondent(s) : 2, NOTICE UNSERVED for Respondent(s) : 3, DS AFF.NOT FILED (N) for Respondent(s) : 4,6 - 73. MR KS NANAVATI, Sr. Counsel with MR MAYUR GANDHI for NANAVATI ASSOCIATES for Respondent(s) : 5, ========================================================= LPA/233/2008 2/5 JUDGMENT CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 10/03/2008 COMMON ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) Heard the learned advocates. The matter at dispute in these two Appeals is the pipeline laid by the respondent – Reliance Gas Transportation Infrastructure Limited for transporting natural gas through the disputed lands block nos.342 and 364 situated at Gothan, Taluka Olpad, District Surat. According to the appellants, they are the occupants of the sub-plots of the aforesaid lands block nos.342 & 364. After obtaining required sanction/permission they have made industrial-cum- residential construction on the said sub-plots. The respondent no.1 has now, with a view to laying the aforesaid pipeline, started demolishing the construction made by the appellants. LPA/233/2008 3/5 JUDGMENT According to the respondent no.1, the project of laying pipeline of about 1500 kms. has been approved. Necessary notification under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 has been issued. As late as July/ August, 2007, the lands were open lands and no construction was made. The matters at dispute involve disputed questions of facts. The matters are at large before the learned Single Judges (Coram: C.K.Buch, J.) and (Coram: Smt.Abhilasha Kumari, J.). These Appeals are entertained in view of the apprehension of imminent demolition voiced by the appellants. The appellants are, therefore, by order dated 6th March, 2008 made on Letters Patent Appeal No.253/2008, protected against demolition. In above view of the matter, we are of the opinion that both the writ petitions are required to LPA/233/2008 4/5 JUDGMENT be heard by the same bench. The registry is directed to place Special Civil Application No.2252/2008 for hearing alongwith Special Civil Application No.899/2008. The order dated 6th March, 2008 will continue to operate until the learned Single Judge hears both the above Special Civil Applications Nos.899/2008 & 2252/2008 and makes further order. Mr.Nanavati has submitted that around 200 meters of pipeline has already been laid in the disputed lands. The open ditch now requires to be covered up. He seeks permission to allow the respondent no.1 to cover up the ditch over the pipeline, which is already laid. The respondent no.1 is permitted to cover the ditch escavated by it for laying the pipeline. However, the respondent no.1 will maintain proper rojkam and will produce it before the learned Single LPA/233/2008 5/5 JUDGMENT Judge as and when required. Subject to the above observations and directions, both these Appeals and the Civil Applications are disposed of. (K.M.Thaker, J.) (Ms. R.M.Doshit, J.) /moin