Union Of India vs Kushala Shetty & Ors on 21 February, 2011
36. Next, when we analyse the factor regarding the suggestions made,
though, the petitioners have made objections and suggestions including the
realignment, considering the same, this Court passed the order dated 10.07.2009
stipulating certain directions to the competent authority and the competent
authority, after referring the same to the Technical Team, passed the order on
14.09.1999. A reading of the Technical Team report as well as the order passed
by the competent authority and the judgment rendered by the Honourable
Supreme Court in the case of Union of India Vs. Kushala Shetty and others,
(cited supra) clearly emphasize that the Technical Team is comprised of
expertise individuals to decide upon the viability and feasibility of the particular
project and in such matters, the scope of judicial review is very limited. Further
more, the appellant's submission and suggestions are not based on any technical
knowledge. The reasons cited by the appellant or the grounds taken for
realignment of pipeline is not based on technical approach. The said suggestions
cannot be equated to the opinion of the experts team based on detailed analysis.