IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND SEVEN :PRESENT: THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NOS : 15130, 20307, 18163, 21564, 23149, 12446 AND 2535 of 2007 W.P. NO. 15130 OF 2007: Between: M/s. Golden Gate Properties Limited a Public Limited Company, having its Office at 6-3-1089/1-A, Gulmohar Avenue, Somajiguda, Hyderabad, rep by its Authorised rep by and Finance Secretary, Sri B. Manohar S/o B. Srinivasulu, ..... Petitioner AND 1 Union of India, rep by its Under Secretary, Ministry of Petroleum, New Delhi. 2 Sri B. Butcha Reddy Competent Authority, M/s. Gas Transportation & Infrastructure Company Limited Pipeline Project, 403-C, Everest Block, Aditya Enclave, Ameerpet, Hyderabd-38 3 Hyderabad Urban Development Authority, rep by its Vice Chairman, Hyderabad. 4 M/s. Gas Transportation & Infrastructure Company Limited Pipeline Project, 403-C, Everest Block, Aditya Enclave Ameerpet, Hyderabad-38. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of mandamus declaring the notice issued by the first respondent in S.O. 43 dated 06-01-2006 in respect of the land in Sy. No. 102, shameerpet Village and Mandal, Ranga Reddy District, as illegal, arbitrary and without Jurisdiction and consequently quash the same Counsel for Petitioner : SRI P.SRI RAGHURAM Counsel for Respondent No.1: SRI A.RAJASEKHAR REDDY Counsel for Respondent No.2: SRI D.SESHADRI NAIDU Counsel for Respondent No.3: SRI M.SURENDER RAO WRIT PETITION NO : 20307 of 2007 Between: Md. Haroon Khan S/o Gaffor Khan ..... Petitioner AND 1 Union of India rep by its Under Secretary, Ministry of Petroleum, New Delhi. 2 Sri B. Butcha Reddy Competent Authority, M/s. Gas Transportation & Infrastructure, Company Limited, Pipeline Project 403-C Everest Block, Aditya Enclave, Ameerpet, Hyderabad. 3 M/s. Gas Transportation & Infrastructure Company Limited, Pipeline Project, 403-C Everest Block, Aditya Enclave, Ameerpet, Hyderabad-5000 38 .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of writ of Mandamus declaring the notice issued by the first respondent in S.O. 43, dated 06-01-2006 in respect of the land in Sy.No. 140 & 141 situated at Bommaipalli Village, Bhongir Mandal, Nalgonda District, as illegal, arbitrary and without jurisdiction and consequently quash the same Counsel for Petitioner : SMT. PADMA SHARANAPPA Counsel for Respondent No.1: SRI A.RAJASEKHAR REDDY Counsel for Respondent No.2: SRI D.SESHADRI NAIDU WRIT PETITION NO : 18163 of 2007 Between: 1 K.Padma W/o.K.Gopal 2 K.Anita W/o.K.Gopi 3 K.Jai Pal W/o.K.Gopal ..... Petitioners AND 1 Union of India, rep. by its Under Secretary, Ministry of Petroleum, New Delhi. 2 B.Butcha Reddy, Competent Authority, M/s. Gas Transportation & Infrastructure Company Limited, Pipeline Project, 403-C, Everest Block, Aditya Enclave, Ameerpet, Hyderabad - 38. 3 Hyderabad Urban Development Authority, rep. by its Vice Chairman, Hyderabad. 4 M/s. Gas Transportation & Infrastructure Company Limited, Pipeline Project, 403-C, Everest Block, Aditya Enclave, Ameerpet, Hyderabad - 38. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ order or direction particularly one in the nature of Writ of Mandamus declaring the notice issued by the first respondent in S.O. 43 dated 6.1.2006 in respect of the land in survey No.102, Shameerpet village and mandal, Ranga Reddy District, as illegal, arbitrary and without jurisdiction and consequently quash the same Counsel for Petitioners : SRI B.VISWANATH REDDY Counsel for Respondent No.1: SRI A.RAJASEKHAR REDDY Counsel for Respondent No.2: SRI D.SESHADRI NAIDU Counsel for Respondent No.3: SRI M.SURENDER RAO WRIT PETITION NO : 23149 of 2007 Between: 1 P.Sathi Reddy, s/o. Late Venkat Reddy, 2 P. Laxma Reddy, s/o. Late Venkat Reddy, ..... Petitioners AND 1 Union of India, Rep by its Secretary, Petroleum and Chemicals Department, New Delhi. 2 M/s. Gas Transportation and Infrastructure Company Ltd. Rep by its Director, 501, Elegant Apartments, Rajbhavan Road, Somajiguda, Hyderabad. 3 Competent Authority, M/s. Gas Transportation and Infrastructure Company Ltd. Pipe Line Project, 501, Elegant Apartments, Rajbhavan Road, Somajiguda, Hyderabad. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents in not considering the objections of the petitioners and proceeding to consume the lands of the petitioners pursuant to the preliminary notification dated 16-6-2003 in so far as the lands of the petitioners in Sy. NO. 518, 519 are concerned, is arbitrary and ultra vires the provisions of the Petroleum and Minerals Pipe Lines (Acquisition of Right of User in Land) Act, 1962 and consequently direct the respondents to forebear from acquiring the above lands of the petitioners in Sy.Nos. 518, 519, 526, 528, 530 and 542 of Kistapoor Village, Hamlet of Medchal Village and Mandal, Ranga Reddy District without following the mandatory procedure and without appropriate consideration of the objections of the petitioners and grant such other relief as it deems fit in the circumstances of the case. Counsel for Petitioners : SRI VEDULA VENKATARAMANA Counsel for Respondent No.1: SRI A.RAJASEKHAR REDDY Counsel for Respondent No.3: SRI D.SESHADRI NAIDU WRIT PETITION NO : 21564 of 2007 Between: M/s. Sigachi Laboratories Limited, Flat No. 402 & 403, Raghavratna Towers, Chirag Ali Lane, Hyderabad, Rep by its Managing Director, Mr. T. Adinarayana ..... Petitioner AND 1 The Competent Authority, GTICL Pipeline Project, Peddapur Village (S.No. 863 & 864) on NH-9 Sadashivept Mandal, Medak District, A.P. 2 Gas Transportation & Infrastructure Co. Ltd. 101, Shivam Apartments 9, Patel Colony, Bedi Bunder Road, Jamnagar, Gujarat. 3 Government of India, Ministry of Petroleum, New Delhi Rep by its Secretary. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring that the notification S.O. 211 dt. 26-1-2002 proposing to acquire the right of the user for laying the pipeline under the land in Survey No. 42 of Allinagar Village, Jinnaram Mandal, Medak District and all other consequential proceedings are arbitrary, illegal and unenforceable and violative of the petitioner's fundamental rights guaranteed to him under Section 14, 19 & 21 of the constitution of India Counsel for Petitioners : SRI MILIND G. GOKHALE Counsel for Respondent No.3: SRI A.RAJASEKHAR REDDY WRIT PETITION NO : 12446 of 2007 Between: St.Augustin Educational Society, Flat No.119,D-4, Block, Shanti Sikhara Apartments, Somajiguda, Hyderabad Rep. by its president M.D.Samuel ..... petitioner AND 1 Government of India Ministry of Petroleum, Rep. by its Under Secretary, New Delhi 2 M/S. Reliance Gas Transportation & Infrastructure Co. Ltd, Gas Pine Lines Ltd. Plot No. 501, D. No. 6-3-1238/501, 5th Floor, Elegant Apartments, Rajbhavan Road, Somajiguda, Hyderabad-082. Represented by its Competent Authority, .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate order direction or a writ more particularly one in the nature of writ of Mandamus declaring that the notification S.O.1966 dated 17-05-2006 proposing to acquire the right of the user for laying the pipeline underneath the land in Suvery No.39, inole Village, Patancheru Mandal, Medak district published by the Central Government is arbitrary, illegal and unenforceable Counsel for Petitioner : SRI DEEPAK MISRA Counsel for Respondent No.1: SRI A.RAJASEKHAR REDDY Counsel for Respondent No.2: SRI D.SESHADRI NAIDU WRIT PETITION NO : 2535 of 2007 Between: Valishetti Ramulu Alias Ramaiah S/o. Kotaiah ..... Petitioner AND 1 Ministry of Petroleum & Oil & Natural Gas Commission, Rep. by its Secretary, New Delhi. 2 Personal Manager/Competent Authority Reliance Gas Pipe Limited, Plot No. 501, D. No. 6-3-1238/501, Elegant Apartments, Rajbhavan Road, Somajiguda, Hyderabad .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus to declaring the notification issued under Sub-Section 1 of section 3 of Act of 1962 (50 of 62) issued by the 1st Respondent dt. 21st March, 2005 proposing to acquire the petitioner lands to an extent of 30 meters land in Sy. No. 98,100 and 102 in Akkaram Village, Shali Gouraram Mandal, Nalgonda District as well as the Notice in F.No. RGPL/KH/AP/6(1)/03-10 dt. 24-4-2006 issued by the 2nd Respondent as illegal, arbitrary and violative of Article 300-A of the constitution of India and consequently direct the respondents to drop all further proceedings against the lands of the petitioner Counsel for Petitioner : SRI G.YADAGIRI Counsel for Respondent No.1: SRI A.RAJASEKHAR REDDY Counsel for Respondent No.2: SRI D.SESHADRI NAIDU The petitions coming on for hearing upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of the above-mentioned counsels, the Court made the following: ORDER: “Heard Sri Raghuram, Sri B.Viswanath Reddy, Sri Milind G. Gokhale and Sri Vedula Venkata Ramana representing the respective Writ Petitioners in these batch of writ petitions and Sri Ch.Ravindranath representing R.1, Sri Seshadri Naidu representing Competent Authority and Sri A.Rajasekhar Reddy, the learned Assistant Solicitor General representing Union of India. It is brought to the notice of this Court that the constitutional validity of certain provisions of Petroleum & Mineral, Pipelines (Acquisition of Right of User in Land) Act, 1962, had been questioned in certain writ petitions and such writ petitions are pending disposal before the Division Bench. It is also brought to the notice of this Court that interim orders also had been granted in those matters. However, Mr. Seshadri Naidu representing the Competent Authority in these matters would submit that only the procedural infirmities had been pointed out and the constitutional validity of the provisions of the Act referred to supra had not been challenged in the present batch of Writ Petitions. Since there is urgency in these matters, these matters may be independently disposed of. However, it is brought to the notice of this Court that the self-same notification had been challenged. No doubt this question is put into serious controversy and it is stated that though virtually the same question is involved, the notifications are different. This Court is not inclined to express any opinion relating to this controversy between the parties. When in substance, the questions to be parties. When in substance, the questions to be decided in all these writ petitions are substantially the same, this court is of the considered opinion that it would be proper if the learned Division Bench hears all these matters at the earliest point of time. Let these matters appear in the list along with W.P. No. 24467/2007 and the other connected matters said to be pending on the file of the Division Bench of this Court at the earliest point of time in view of the urgency pleaded by Mr. Seshadri Naidu representing the competent authority.” SD/-P. SESHAGIRI RAO ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. Two CCs to Sri A.Rajasekhar Reddy, Advocate (BY SPL. MESSENGER) 2. One CC to Sri P.Raghuram, Advocate (BY SPL. MESSENGER) 3. One CC to Sri B.Viswanath Reddy, Advocate (BY SPL. MESSENGER) 4. One CC to Sri Milind G. Gokhale, Advocate (BY SPL. MESSENGER) 5 One CC to Sri Vedula Venkata Ramana, Advocate (BY SPL. MESSENGER) 6 One CC to Sri Deepak Misra, Advocate (BY SPL. MESSENGER) 7 One CC to Sri B.Yadagiri, Advocate (BY SPL. MESSENGER) 8 One CC to Smt. Padma Sharanappa, Advocate (BY SPL. MESSENGER) 9. One CC to Sri D.Seshadri Naidu, Advocate (BY SPL. MESSENGER) 10. One CC to Sri M.Surender Rao, Advocate (BY SPL. MESSENGER) 11. The Section Officer, Writ Posting, High Court of A.P., Hyderabad. 12. Registrar (Judicial), High Court of A.P., Hyderabad (for kind perusal) 13. The Section Officer, Writ Filing Section High Court of A.P., Hyderabad. 11One Spare Copy AB HIGH COURT PSNJ DATE: 13-12-2007 ORDER WP. NOS. 15130, 20307, 18163, 21564, 23149, 12446 AND 2535 OF 2007 DIRECTION