Gujarat High Court
Wind World India Limited - Formerly ... vs Dhun Dhoraji Gram Panchayat Thro ... on 1 December, 2022
C/SCA/2972/2013 ORDER DATED: 01/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2972 of 2013
==========================================================
WIND WORLD INDIA LIMITED - FORMERLY KNOWN AS ENERCON INDIA
Versus
DHUN DHORAJI GRAM PANCHAYAT THRO SARPANCH & 1 other(s)
==========================================================
Appearance:
VIRAL K SHAH(5210) for the Petitioner(s) No. 1
MR NITIN M AMIN(126) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 01/12/2022
ORAL ORDER
When the matter is called out, none appears for the petitioner.
2. Mr. Nitin Amin, learned advocate for the respondent No.1, submits that by the impugned notice / order dated 2.3.2013, the respondent No. 1 - Gram Panchayat had directed the petitioner to vacate the land and remove the construction thereon. The said notice / order came to be challenged by way of the present writ petition.
3. By order dated 22.1.2014, this Court was pleased to confirm the interim relief granted in favour of the petitioner company and the operation, implementation and operation of the Page 1 of 3 Downloaded on : Sat Dec 24 01:07:38 IST 2022 C/SCA/2972/2013 ORDER DATED: 01/12/2022 notice / order dated 2.3.2013 was stayed.
4. It is submitted by Mr. Nitin Amin, learned advocate for the respondent No.1, that thereafter, the respondent No.1 - Gram Panchayat preferred Regular Civil Suit No.560 of 2008 praying for removal of the windmills from the land of the Gram Panchayat and also for temporary injunction against the petitioner herein for not erecting any windmills and generating electricity. He further submits that by order dated 31.3.2018, the learned 4th Additional Senior Civil Judge, Jamnagar allowed the said suit and directed the petitioner herein to remove its windmills from the Gauchar land of the Gram Panchayat and further not to use the land for its business. He further submits that aggrieved by the said order in the Regular Civil Suit No.560 of 2008, the petitioner herein has preferred Regular Civil Appeal No.49 of 2018 in the Court of learned District & Sessions Judge, Jamnagar and the same is pending for final arguments. He submits that in view of the said subsequent developments, the present Special Civil Application has become infructuous.
5. It is seen that the impugned notice/order in the present petition calls upon the petitioner to remove their windmills from Page 2 of 3 Downloaded on : Sat Dec 24 01:07:38 IST 2022 C/SCA/2972/2013 ORDER DATED: 01/12/2022 the respondent No.1 - Gram Panchayat's land and hand over the possession of the same to the respondents. The same relief has been sought by way of a suit being Regular Civil Suit No.560 of 2008 which has been decreed in favour of the respondent No.1.
6. In view thereof, nothing survives in the present Special Civil Application. Accordingly, present Special Civil Application stands disposed of. Rule is discharged. Interim relief stands vacated forthwith.
(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 3 of 3 Downloaded on : Sat Dec 24 01:07:38 IST 2022