NILKANTH SUDHIRBHAI PANDYA Vs. STATE OF GUJARAT
LAWS(GJH)-2006-12-85
HIGH COURT OF GUJARAT
Decided on December 15,2006

NILKANTH SUDHIRBHAI PANDYA Appellant
VERSUS
STATE OF GUJARAT THR' SECRETARY Respondents

JUDGEMENT

ABHILASHA KUMARI, J. - (1.) The present group of petitions, filed under Article 226 of the Constitution of India, is directed against the declaration issued under Section 6(1) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Lands) Act, 1962, ("the Act" for short) whereby the right of user in the lands belonging to the petitioners has been acquired by the Competent Authority under the Act for the purpose of laying pipelines for transportation of natural gas by the respondent No.3, i.e. Reliance Gas Transportation Infrastructure Limited.
(2.) As identical issues of facts and law are involved in these petitions, this Court proposes to dispose them of by this common judgment. For the sake of convenience, this Court also proposes to refer to the facts stated in Special Civil Application No.20391 of 2006.
(3.) By filing Special Civil Application No.20391 of 2006 under Article 226 of the Constitution of India, the petitioner has prayed for the following relief: "A. This Honourable Court may be pleased to issue a Writ of mandamus or any other appropriate writ, order or direction declaring that the competent authority in the instant case that the respondent No.2 herein had no authority to issue and publish the impugned notice and notification under subjection (1) (sic sub-section (1)) of section 6 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 without issuing and publishing the notice and the notification under sub-section (1) of Section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1961 and further by taking away the valuable right of the petitioner under the provisions of Section 5 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962; and further be pleased to quash and set aside the impugned notice and notification at Annexure-G dated 25.8.2006 under section 6(1) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962;";


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