Sindhav Dilipsinh Ghelabhai v. Superintendent Engineer
2017-10-06
M.R.SHAH, VIPUL M.PANCHOLI
body2017
DigiLaw.ai
ORDER : M.R. SHAH, J. 1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, order or direction to quash and set aside the action of the respondent No. 5 - contractor in determining the compensation/damages for the loss of the respective petitioners, who are affected due to laying down of the pipeline, which shall be passing through their lands for the purpose of Saurashtra Narmada Avtaran Irrigation Yojna. 2. The main grievance of the petitioners was that as such the amount of compensation for the damage, loss or injury due to such laying down of the pipeline was required to be determined by the competent authority in the first instance. It was the case on behalf of the petitioners herein that instead the amount of compensation has been determined and paid by the concerned contractor-respondent No. 5 herein, which is illegal and as such contrary to the scheme of the Gujarat Water and Gas Pipelines (Acquisition of Right of User in Land) Act, 2000. 3. In response to the notice issued by this Court, Ms. Manisha Lavkumar, learned Government Pleader appears on behalf of the State Government. She has stated at the bar and has placed on record the subsequent order passed by the competent authority - Executive Engineer, Rajkot Irrigation Scheme Circle, Rajkot by which now the competent authority has determined the amount of compensation under Section 10(1) of the aforesaid Act. The order passed by the competent authority determining the compensation for the loss/damage under Section 10(1) of the Act is directed to be taken on record. 4. In that view of the matter, now the main grievance of the petitioners that the amount of compensation/damages is required to be determined by the competent authority, does not survive. It goes without saying that if the contractor has paid by now any amount towards the damages which may be less than the amount determined by the competent authority under Section 10(1) of the Act, in that case, either the appropriate authority and/or the respondent No. 5 - contractor shall be liable to pay the balance amount.
It goes without saying that if the contractor has paid by now any amount towards the damages which may be less than the amount determined by the competent authority under Section 10(1) of the Act, in that case, either the appropriate authority and/or the respondent No. 5 - contractor shall be liable to pay the balance amount. It also goes without saying that if the petitioners herein are aggrieved by the amount of compensation/damages determined by the competent authority, in that case it will always be open for the petitioners to challenge the same by way of an appeal under Section 10 of the Act. 5. With this, present Special Civil Application stands disposed of.