(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Leave to amend so as to correct name of respondent no.1 company to GSPC Gas Company Limited.
2. The petitioners are owners and occupiers of land whereupon the respondents have proposed to lay pipeline for gas. Invoking Articles 14, 19 (1) (G) and 226 of the Constitution, the petitioners have sought to challenge the acquisition proceedings pertaining to land bearing Revenue Survey No.158 paiki-1 located at Village-Paal, Taluka-Lodhika, District-Rajkot, mainly on the ground that the line drawn for laying the pipeline is illogical and arbitrary. It is, however, explained in detail by filing an affidavit-in-reply of Senior Officer (ROU) of respondent no.1 company that the technical requirements fully justify changing course of the pipeline to lay it on the right hand side of the road and on the land occupied by the petitioners. Admittedly, Notification under Section 6 of The Gujarat Water and Gas Pipelines (Acquisition of Rights of User in Land) Act, 2000 is already published. Having perused the affidavit-in-reply filed on behalf of the respondent and upon clarification about location of the land, as also requirements of the respondent company, we do not find any substance in the allegations made in the petition. Therefore, the petition is dismissed in limine.
(D.H.Waghela, J.) (Smt.Abhilasha Kumari, J.) *malek Top