Gail (India) Ltd vs State Of Maharashtra Thru Revenue ...
2022 Latest Caselaw 12447 Bom

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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VASANT     Digitally signed by            CIVIL APPELLATE JURISDICTION
           VASANT
ANANDRAO   ANANDRAO IDHOL
           Date: 2022.12.03
IDHOL      11:24:24 +0530

                                        WRIT PETITION NO.14509 OF 2022


                      GAIL (India) Limited                                   ...Petitioner
                                 V/s.
                      State of Maharashtra & Ors.                            ...Respondents


                      Mr.Anand Bamne i/b A.R. Bamne & Co. for the Petitioner.

                      Mr.Vasant S. Gokhale - "B" Panel Counsel for the State -
                      Respondent Nos.1 and 2.

                                               CORAM : R.D. DHANUKA &
                                                       M.M. SATHAYE , JJ.

DATE : 1ST DECEMBER, 2022.

P.C. :-

1. The petitioner has impugned the order dated 24 th May,

2011 passed by the respondent no.2 and also impugned the notice /

letter dated 20th December, 2021 issued by the respondent no.3

raising the demand against the petitioners by invoking rule 39 of the

Maharashtra Land Revenue ( Disposal of Government Lands) Rules,

1971 (for short "the said MLR Rules").

2. It is the case of the petitioner that the gas pipelines were

laid down on the Government property by the petitioner under the

Petroleum & Mineral Pipelines (Acquisition of User in Land) Act, 1962

(for short "the said Act") and after making payment of the requisite

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amount payable under the said Act to the Government. It is

vehemently urged by the learned counsel for the petitioner that the

rule 39 of the said MLR Rules is not at all attracted to the facts of this

case for various reasons. Learned counsel for the petitioner also

placed reliance on the judgment of this Court delivered on 10 th

October, 2006 in Writ Petition No.1929 of 2002 in case of Gas

Authority of India Limited and Anr. vs. State of Maharashtra &

Ors. and submitted that in the above mentioned case having identical

facts, this Court has quashed and set aside the demand raised by the

State Government invoking Rule 39 of the said MLR Rules.

3. In our prima-facie view, there is substance in the

submissions made by the learned counsel for the petitioner. The

Division Bench of this Court in case of Gas Authority of India

Limited and Anr. (supra) has also adverted Rule 39 of the MLR

Rules and has quashed and set aside the demand raised by the

State Government.

4. Mr.Gokhale, "B" panel counsel seeks time to take

instructions and to file affidavit in reply within four weeks from today.

Time as prayed is granted. A copy of the affidavit in reply shall be

served upon the petitioners' advocate simultaneously. Rejoinder, if

any, shall be filed within two weeks thereafter.

5. The case is made out for grant of ad-interim relief. Place

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the matter on board for admission on 18 th January, 2023. Till next

date, there shall be ad-interim reliefs in terms of prayer clause (c).

Parties to act on the authenticated copy of this order.

(M.M. SATHAYE , J.)                               (R.D. DHANUKA, J.)