Smt Meka Saraswathi, v. Gail (India) Limited
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] MONDAY THE TWELVETH DAY OF SEPTEMBER, 2016 PRESENT WRIT PETITION NO. 30642 OF 2016 Between:
Meka Saraswathi ...
Petitioner V/s.
GAIL [India} Limited Rep. by its General Manager [O & M] AP & VSPL A.V. Appa Rao Road, Rajahmundry & Ors.
...
Respondents Counsel for the Petitioner:
Sri Ch. Dhanamjaya Counsel for the Respondents:
Sri Singam Srinivas Rao for R1 & R2 The court made the following:
[order follows]
WRIT PETITION NO. 30642 OF 2016 O R D E R :
This writ petition is filed by the petitioner seeking mandamus to declare the proposed action of the respondents in trying to take possession of part of petitioner's land to an extent of Ac:0-12 cents in survey No. 290/15 situated at Vedullapalem village hamlet of Lankala Koderu, Palakole Mandal, West Godavari district for the purpose of laying the pipelines across the residential colony without following due process of law as ex-facie illegal, arbitrary, violative of principles of natural justice as well as Article 300-A of the Constitution of India and for a consequential order to direct the respondents to drop all further proceedings in trying to take possession of part of petitioner's land to an extent of Ac:0-12 cents in survey No. 290/15 situated at Vedullapalem village, hamlet of Lankala Koderu, Palakole Mandal, West Godavari district for the purpose of laying the pipelines across the residential colony without
following due process of law and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.
2. Heard Sri Ch. Dhanamjaya, learned counsel appearing on behalf of the petitioner and Sri Singam Srinivas Rao, learned Standing Counsel for respondents 1 and 2.
3. Learned Standing Counsel appearing on behalf of respondents 1 and 2 on advance notice submits that the respondents are not laying new gas pipeline, however, replacing the old one, for which the petitioner has already received compensation.
4. Learned counsel for the petitioner disputes the fact stated by the counsel for the respondents mentioned above.
5. Be that as it may. As stated by the learned standing counsel for the respondents 1 and 2, I hereby make it clear that if the respondents are replacing the old gas pipeline they can proceed, however, the respondents cannot lay fresh gas pipeline or divert gas pipeline in the petitioner's land to an extent of Ac: 0-12 cents in
survey No. 290/15 situated at Vedullapalem village, hamlet of Lankala Koderu, Palakole Mandal, West Godavari district.
6. I hereby further make it clear that if any cause of action arises on the land of the petitioner, she may approach the appropriate forum for redressal of her grievance.
7. In view of the above direction, the writ petition is disposed of at the stage of admission. No costs.
8. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.
___________________________________ JUSTICE SURESH KUMAR KAIT.
12/09/2016 I s L
WRIT PETITION NO. 30642 OF 2016 Date: 12/09/2016 Circulation No.
Court Master: I s L