Khalil Mulla Chisti v. The Deputy Collector/ Competent Authority, Maharashtra State Gail (India) Ltd., Mumbai And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2294/2023 Khalil Mulla Chisti Vs.

The Deputy Collector/Competent Authority, Maharashtra State Gail (India) Limited, Mumbai and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sk. Sibghatullah Jagirdar, Advocate for petitioner Shri Atul Pande, Advocate for respondent Nos.1 and 2 CORAM : AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ..

DATED : 01/04/2024 The only ground raised by the petitioner in the petition, challenging the laying of the gas pipeline to his agricultural field Survey Nos. 36 and 37 situated at village Ashti, is that the pipe being made of metal can be bent and laid along with the boundary of the field.

2.

Shri Atul Pande, learned Counsel for respondents, upon instructions, makes a statement that the depth of the pipeline, which is a gas supply pipeline laid by the respondent No. 2 would be minimum of 6 meters. Considering which, we are of the considered opinion that no damage would be caused to the agricultural activities being conducted by the petitioner in the aforesaid fields. The question of laying the gas pipeline in a zigzag manner on the boundary of each and every field would actually be detrimental to the free flow of gas, through the pipeline, considering which, we are not inclined to entertain this petition.

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Needless to say that, in case the petitioner seeks enhancement of the compensation already awarded, he would be entitled to avail of any remedy available under the Petroleum and Minerals Pipelines (Acquisition of Right and User of Land) Act, 1962 and the Rules thereunder. JUDGE JUDGE R.S. Sahare