Kantilal Dhareshabhai Suchak v. Kalyan Gas Services And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6979 OF 2025 Kalyan Gas Services Through D. M.
Suchak ..
Petitioner V/S.
The State of Maharashtra Thru.
Secretary and Ors ..
Respondents WITH INTERIM APPLICATION NO. 12367 OF 2025 IN WRIT PETITION NO. 6979 OF 2025 Bharatkumar Mohanlal Suchak Since Dec Thr Lrs ..
Applicant V/S.
Kalyan Gas Services and Ors ..
Respondents WITH INTERIM APPLICATION NO. 9507 OF 2025 IN WRIT PETITION NO. 6979 OF 2025 Kantilal Dhareshabhai Suchak ..
Applicant V/S.
Kalyan Gas Services and Ors ..
Respondents ------------------ Mr. Drupad Patil, a/w Mr. Sumit Kothani, Aishwarya Shinde, Krish Suchak, for the Petitioner.
Adv. P. S. Dani, Senior Counsel, a/w Mr. Sandeep Dilip Shinde, for Respondent Nos. 3 to 5.
Ms. Isha Hajare, i/b Dr. Uday Warunpikar for the Intervenor, in IA/9507/2025.
Mr. Himanshu Kode, for Intervenor in IA/12367/2025. Mr. A. I. Patel, Addl GP, a/w Ms. M. S. Bane, AGP for the Respondent/State. Mr. Krish Suchak, Son of the Petitioner, present.
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CORAM
:
MANISH PITALE & SHREERAM V. SHIRSAT, JJ.
DATE :
5TH MAY 2026.
PC:
1.
The petitioner had filed this petition to challenge the acquisition notification as also the acquisition award dated 04/02/2025, apart from seeking other reliefs.
2.
In a series of orders passed in this petition, the possibility of working out the matter was explored in the form of the petitioner shifting the gas agency to an alternative site.
3.
The site was identified and the Petroleum and Explosive Safety Organisation (PESO) was joined as a party to this petition for issuing necessary directions for processing the application filed by the petitioner in that regard. In the light of the earlier orders passed by this Court, including the last order dated 28/04/2026, the learned counsel for the petitioner reports that on 01/05/2026, PESO has granted final approval as regards the alternative site for setting up the gas agency. This would facilitate shifting of the petitioner's gas agency from the present site to the alternative site. 4.
In that view of the matter, the learned counsel for the petitioner has instructions to withdraw this petition with liberty to approach the competent authority in respect of issues pertaining to apportionment, enhancement and
other such aspects concerning the quantum of compensation. 5.
The learned counsel appearing for the applicants seeking to intervene in this petition submits that their rights and contentions may also be kept open.
6.
In view of the above, the copy of the approval order dated 01/05/2026 issued by the Respondent No. 6, PESO, is taken on record marked 'X' for identification.
7.
The writ petition is disposed of as withdrawn with liberty to the petitioner to approach the competent authority with regard to the aspects of apportionment, enhancement, etc. pertaining to the quantum of compensation. The rights and contentions of the petitioner as well as the applicants who seek to intervene in this petition are kept open. 8.
In view of the above, pending applications are also disposed of. 9.
The petitioner is granted time of two weeks to vacate the present site. Needless to say, in view of the disposal of the petition, the ad-interim order stands vacated.
10.
It is recorded that Mr. Krish Suchak, son of the proprietor of the petitioner - gas agency, is present in Court today. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)