Cosmos Cooperative Bank Limited vs State Of Gujarat Through Secretary on 14 September, 2018

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Gujarat High Court

Cosmos Cooperative Bank Limited vs State Of Gujarat Through Secretary on 14 September, 2018

Bench: Sonia Gokani

       C/SCA/14221/2018                                             ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/SPECIAL CIVIL APPLICATION NO. 14221 of 2018
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              COSMOS COOPERATIVE BANK LIMITED
                            Versus
            STATE OF GUJARAT THROUGH SECRETARY
==========================================================
Appearance:
MR CHINMAY M GANDHI(3979) for the PETITIONER(s) No. 1
MR MB GANDHI(326) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2
ADVANCE COPY SERVED TO ASST. GOVERNMENT PLEADER/PP(99),
MR RONAK RAVAL, for the RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
                    Date : 14/09/2018
                      ORAL ORDER

1.Leave to amend para 19(a) specifying the challenge to the survey No.503/1 is permitted.

2. An advertisement in Sandesh Daily newspaper had been published by the Irrigation Department of the State of Gujarat on December 20, 2017, wherein under Section 03 of the Gujarat Water and Gas Pipeline (Acquisition of Rights of User in Land), Act, 2000 ('the said Act' hereinafter) had been published against which the objections were to be raised in 30 days' time from the date of the publication of notification objecting Page 1 of 5 C/SCA/14221/2018 ORDER to the laying of the pipeline under the land. The objections as per the said Act are to be made to the Competent Authority in writing, setting out the grounds thereof and the Competent Authority is required to give the objector and opportunity of being heard either in person or by a legal practitioner, which after bearing all such objections and making further inquiry either allowed or disallowed the objection. Such order of the Competent Authority has been made final and any person authorised by the State on issuance of such notification under Section 3 may lay the proposed pipeline for transporting the Water or the Gas. 2.1 Whether no objection under Subsection 1 of Section 4 of the said Act is made to the Competent Authority within specific time period or whether the competent authority is disallowed the objections under Subsection 2 of Section 4 of the said act. The State Page 2 of 5 C/SCA/14221/2018 ORDER Government is authorised to declare by notification in the official gazette of the rights of user in the land for laying the pipeline to be acquired.

3.In the instant case, after the publication dated December 20, 2017 according to the applicantBank, for the land bearing survey No.503/1 objections had been raised since the queries were also raised by the department on April 09, 2018, it had further complied with the same by a communication dated June 29, 2018. However, without allowing or disallowing the objections raised, according to the applicant, the said notification under Section 6 of the said Act had been straightway published, which is contrary to the provisions of law where there has been a breach made of principles of natural justice and also the statutory requirement of hearing the parties.

4. This Court has heard learned advocate, Page 3 of 5 C/SCA/14221/2018 ORDER Mr.M.B.Gandhi appearing for the petitioner, who has urged that the Bank has huge amount of Rs.42 Crore to be recovered from the said land and it is not difficult for the pipeline to be laid in the adjoining land. It is a public money and the authority concerned ought to have regarded giving of an opportunity as provided under the statute. He has urged that the communication dated April 09, 2018 does not speak of the objections not having been raised within the time limit and on the contrary had raised queries and therefore, also the petitioner Bank maintain that the objections were well within the time. He has further urged that even if that not be the case the larger cause has to be considered.

5. Learned Assistant Government Pleader, Mr.Ronak Raval for respondentState has urged that notification under Section 6 of the said Act has been issued, no intervention at this Page 4 of 5 C/SCA/14221/2018 ORDER stage would be warranted. He has sought instructions from the authority concerned and it is given to understand that laying of pipeline will not feasible till September 19, 2018.

6. Let NOTICE be issued to the respondents, returnable on September 19, 2018. The formal service of notice is waived by Mr.Ronak Raval, learned Assistant Government Pleader for and on behalf of the respondentState.

7.Learned advocate, Mr.M.B.Gandhi, appearing for the petitioner has made a request for the interim relief, let reply with regard to the same be filed on or before September 19, 2018.

Matter for that purpose shall be considered on September 19, 2018.

Direct Service, qua respondent No.2, is permitted, TODAY.

(MS SONIA GOKANI, J) M.M.MIRZA Page 5 of 5

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