KPP -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6158 OF 2000 Deepak Fertilizers and Petrochemicals Corporation Ltd. ... Petitioners versus Union of India and others ...Respondents Mr. M.P.S. Rao, Senior Advocate, with Mr. Kamlesh A. Patel, instructed by M/s. Deven Dwarkadas & Partners, for the petitioners. Mr. A.N. Samant for respondent Nos. 2 and 3. CORAM: P.B. MAJMUDAR & A.A. SAYED , JJ. DATE: MARCH 15, 2011. P.C. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for reliefs directing the respondents to withdraw the directions contained in the letters dated 15th February,2000, 17th February, 2000, 31st July, 2000 and 7th August, 2000, which are at Annexures-C, D, M and N to the petition. It is also prayed that the respondent-Railways should be restrained from interfering and/or obstructing the pipeline constructed by the petitioner company from Uran to the Petitioners’ works at Plot No. K-1, MIDC Industrial Area, Taloja, Dist. Raigad. KPP -2- 2. The apprehension of the petitioners is that at the relevant time, the Railways wanted to put railway tracks and according to the petitioners the same was at the site where the petitioners are having its gas pipelines. The learned counsel for the Railways states that the Railway tracks are already constructed and none of the pipelines of the petitioners is damaged. He further submits that now there is no question of taking any further action on the basis of impugned communication in view of the subsequent events. It is also pointed out that the petitioners have also entered into agreement with the Railway administration dated 24th September, 2010, a copy of which is also placed on record and marked “X” for identification. Considering the said fact, the prayer clause (a) has become infructuous. 3. The learned Senior Counsel for the petitioners submits that in case of emergency such as fire, if the petitioners want to extinguish the fire or get the pipelines repaired, the Railway administration should co-operate in this behalf. The learned counsel for the Railways states that this clause is also provided in the subsequent agreement. He states that in case of emergency like fire, Railway administration will cooperate with the petitioners. If any permission is required by which the petitioners are required to extinguish the fire, etc,. we direct the Railway administration to give such permission immediately and such permission may not be delayed for more than 24 hours. In view of the same, the KPP -3- learned counsel for the petitioners states that he is not pressing this petition. Petition is accordingly disposed of subject to what is stated above. P. B. MAJMUDAR, J. A.A. SAYED, J.