SHREE CHAMUNDAMATAJI DUNGAR TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shree Chamundamataji Dungar Trust through one of the Trustee Shri Gosai Dilipgiri Shamgiri, by way of present writ petition in the nature of Public Interest Litigation, has prayed to issue writ of mandamus or any other appropriate writ, order or direction to quash and set aside the Notification dtd. 6/7/2022 issued by the Energy and Petrochemical Department, Government of Gujarat by which M/s. MARS Entertainment Pvt. Ltd. ("MEPL" in short) i.e. respondent No.4 herein has been authorized for construction of an aerial ropeway at Shree Chamundamataji Temple Hill, near village Nani Paliyad, Taluka Chotila, District Surendranagar mainly on the ground with regard to granting the said work to respondent No.4 without issuing tender, without following the procedure prescribed under the Gujarat Aerial Ropeways Act, 1955 (hereinafter referred to as "GAR Act"), the proposed charges for to and fro, to reach the hill upon which the Chamundamataji Temple is located, is much on higher side, with regard to the safety of the pilgrims since the technology upon which the private respondent has been granted installation of ropeway and also on the ground that the petitioner is ready and willing to provide cheaper and safe ropeways for the pilgrims.

(2.) By an oral order dtd. 5/9/2022, a notice came to be issued to all the respondents granting petitioner leave to delete respondent No.5 i.e. one M/s. Usha Breco Limited ("UBL" for short) in view of the fact that the said Company i.e. UBL which had initially supplied the details about the installation of ropeway on the said hill had shown its unwillingness to continue with the said project. Accordingly, respondent No.5 was deleted.

(3.) In response to the notice issued by this Court an affidavit in reply was initially filed by respondent No.4 on 10/10/2022 opposing the reliefs sought for by the petitioner.