DHIRAJBHA GOVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Petition has been filed by the Petitioners under Articles 14, 19, 21, 226 and 330A of the Constitution of India as well as under the provisions of Gujarat Water & Gas Pipelines (Acquisition of Right of User in Land) Act, 2000, challenging the notification issued by the Government dated 26.6.2012 on the grounds stated in the memo of Petition inter alia that such a notification is arbitrary, illegal and in violation of rules of natural justice as well as contrary to Articles 14, 21 and 330A of the Constitution of India.

(2.) IT is contended that the Petitioners are agriculturists and the lands of the petitioners are highly fertile, and such lands are the basis of earning livelihood for the petitioners, which is sought to be acquired or where such a right of user is sought to be acquired. It is contended that due to such activity of the laying of the pipeline, it would affect the fertility and the petitioners shall suffer the loss. It is contended that inspite of laying the pipeline through the Government waste land, the Respondents are laying down the pipelines through fertile lands of the petitioners which restrict the right of usage and the agriculture. He submitted that such agricultural land of the petitioners also having the potential to be converted into non- agricultural land, which shall be disallowed by laying down of the pipelines. It is stated that by laying down the pipelines on the petitioners' land it could not be used for the construction, and therefore, the petitioners would suffer loss. It is contended that the Respondent No.3 has not considered and adjudicated on the objections dated 24.7.2012 raised by the petitioners against the said notification, and therefore, it is in violation of Rules of natural justice. He submitted that by laying such pipeline would affect the right of the petitioners to use their land and thereby restrict the same, which, in turn, is violative of Articles 14, 21 and 300A of the Constitution of India, and therefore, the present Petition has been filed.

(3.) FURTHER affidavit has also been filed again referring to the objections and the claims. It is specifically contended that the notice was issued on 27th November 2012, but the same was not accepted by the Petitioners, and therefore, it was sent by Registered Post AD on 13.12.2012. Thereafter, pending the present proceedings, the petitioners are heard on 22.3.2013, and thereafter, as they have not cooperated, the same was brought to the notice of the court, and it cannot be said that there is any violation of rules of natural justice. It is contended that in spite of the rejection of the interim relief by the court, the authority had to seek police protection at the work site, as the obstruction was caused by the petitioners.