RAMESHBHAI DHULABHAI MATA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions since are arising out of a common challenge and grievance which are identical in nature, with request of learned advocates, hearing has taken place together and both these petitions are being dealt with by present common order.

(2.) So far as Special Civil Application No.5142 of 2014 is concerned, facts of the case are that petitioners are agriculturists, having their agricultural lands in the sim of village Ratnal of Anjar Taluka of Kutchh district and are carrying on agricultural activity. Respondent authority had decided to lay down pipeline in the lands of the petitioners and other villages for transmitting of gas and for that purpose, pipeline for gas was intended to be installed passing through the fields of the petitioners and other persons and for laying down such pipeline, respondent authority had resorted to the provisions of Gujarat Water and Gas Pipelines (Acquisition of Right of User in Land) Act , 2000 (hereinafter referred as 'Act of 2000'). After initiating such action, as indicated above, respondent No.2 was pleased to pass an award for compensation on 20/7/2013 and since said action is in utter disregard to their property rights and same being adversely affected, they have chosen to approach this Court by way of present petition under Article 226 of the Constitution of India.

(3.) It is the assertion of the petitioner that earlier, petitioners along with other persons submitted Public Interest Litigation being WP (PIL) No.331 of 2013, but since petitioners had personal interest in the matter, i.e. the land, said writ petition in the form of Public Interest Litigation was not entertained with a liberty to move for other appropriate remedy and said petition was disposed of on 19/12/2013. Resultantly, petitioners have submitted present petition and to ventilate their grievance, petitioners have challenged legality and validity of the provisions of Ses. 10 of the Act being ultra-vires, illegal, unconstitutional and as such prayed for following reliefs:-