Draft amendment is granted. The same shall be carried out forthwith.
The petitioners' advocate in the morning sought permission for urgent circulation of this matter by 2:30, in view of the urgency mentioned that the action of the respondents of digging up space on right of the entry to the Surat Special Economic Zone on Road No.4, has resulted into blocking of container carriers access to Surat Special Economic Zone. The heavy trailers have been forced to wait along with their containers awaiting the entry, which is blocked on account of digging up activities.
Learned advocate for the petitioners has also invited this Court's attention to page no.8 and averments made there on and page nos.28,29,30 and 31 and contended that the authorities have initiated this digging up activities without even issuing any notice to the petitioners or other likely to be affected parties. The requests made earlier on behalf of respondent no.4 for providing thorough fare through proposed estate is also contrary to the provision of law, as would have defeating effect upon the very principle of putting up Special Economic Zone for the purpose mentioned in the Act.
In view of this, permission as sought for was granted. The matter was taken up for hearing and the Court is of the view that no authority, much less, any instrumentality or agency of State shall do anything which might affect the existing position and result into blockage of way into the Special Economic Zone itself of the container carriers. Hence, appropriate order is required to be passed. Moreover, page no.42, Annexure-J, contains averments which indicates that;
"Chief Officer of NAA (i.e. notified area authority) Shri J.V.Parmar through Shri R.K.Vyas. Shri J.V.Parmar, intimated Shri R.K.Vyas that he (Shri J.V.Parmar) was on leave till 01/02/2012, however, he has not ordered this digging and said that the Association of NAA must be doing this work."
In such a situation, it is strange that digging up activities taken up, wherein the responsible officer of the very authority i.e. notified area authority has clearly informed the concerned that he has not ordered digging up and on oath paragraph nos.3.11 and 3.12 are made.
Hence, let there be a notice returnable on 02.02.2012.
In the mean time and till the returnable date, respondent nos.3 and 4 are hereby directed to see to it that the container carriers shall not have any impediment in their way in entering the Special Economic Zone area from Road No.4, which they were using hitherto. The digging, if required to be filled in forthwith, the same shall also be carried out. The ad-interim-order is required to be made, as xerox copy of the photographs produced indicates that there is no way to the container carriers to enter the Special Economic Zone. After restoring the way as aforesaid, it would be open to the respondents to approach this Court for modification and/or vacation of this order after copy of the application served upon the petitioners, as ordered herein even prior to the returnable date.
Direct service today, is permitted.
(S.R.BRAHMBHATT, J.) Pankaj Top