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M/s. Pioneer Power Ltd, Rep. by its Chief General Manager, Therkukattur Village, Ramanathapuram v/s Union of India, Rep. by its Secretary Ministry of Petroleum & Natural Gas, New Delhi & Others


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- DELHI POWER COMPANY LIMITED [Active] CIN = U40103DL2001SGC111528

Company & Directors' Information:- PIONEER GAS POWER LIMITED [Active] CIN = U40105TG2009PLC065108

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- PIONEER POWER LIMITED [Active] CIN = U40100TG1998PLC030368

Company & Directors' Information:- THE PIONEER LIMITED [Amalgamated] CIN = U22121DL1932PLC199787

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- TO THE NEW PRIVATE LIMITED [Active] CIN = U72900DL2006PTC235208

Company & Directors' Information:- PIONEER POWER CORPORATION LIMITED [Active] CIN = U40109TG2002PLC039289

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- INDIA NATURAL GAS COMPANY PRIVATE LIMITED. [Dissolved] CIN = U23200MH1999PTC120457

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- GENERAL POWER COMPANY PRIVATE LIMITED [Active] CIN = U40108DL2002PTC115834

Company & Directors' Information:- A R C INDIA PETROLEUM PRIVATE LIMITED [Active] CIN = U11202TG2009PTC063249

Company & Directors' Information:- GAS CORPORATION INDIA LIMITED [Strike Off] CIN = U40200BR1993PLC005536

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- NATURAL GAS COMPANY PRIVATE LIMITED [Active] CIN = U23200MH1937PTC002629

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- UNION GENERAL CO LTD [Strike Off] CIN = U10200WB1950PLC018697

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- UNION COMPANY LTD. [Active] CIN = U36900WB1927PLC005621

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- S R PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U23200MH1999PTC122909

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- N. P. PETROLEUM LIMITED [Strike Off] CIN = U23201UP1995PLC018153

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- R H PETROLEUM PRIVATE LIMITED [Active] CIN = U23209MH1996PTC101701

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- PIONEER CO PVT LTD [Strike Off] CIN = U65921CT1964PTC000994

Company & Directors' Information:- DELHI GAS LIMITED [Strike Off] CIN = U40200DL1995PLC068380

Company & Directors' Information:- PIONEER INDIA PRIVATE LIMITED. [Strike Off] CIN = U24299DL1985PTC022842

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- B L AND CO NEW DELHI PRIVATE LIMITED [Active] CIN = U74899DL1968PTC004910

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- A. M. PETROLEUM PRIVATE LIMITED [Strike Off] CIN = U51524MH2014PTC255581

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- S V S PETROLEUM PRIVATE LIMITED [Active] CIN = U51909DL2002PTC116940

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- NEW INDIA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U36999TN1940PTC001776

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- UNION COMPANY PRIVATE LIMITED [Dissolved] CIN = U99999KA1942PTC000292

    W.A.(MD)No. 507 of 2020 & C.M.P.(MD). No. 3591 of 2020

    Decided On, 04 August 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN & THE HONOURABLE MR. JUSTICE P. RAJAMANICKAM

    For the Appellant: G. Jeremiah, Advocate. For the Respondents: R1, V. Kathirvelu, Additional Solicitor General of India, R3 & R4, Manoharan, Advocate.



Judgment Text


(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court made in W.M.P.(MD) No.6169 of 2020 in W.P.No.6780 of 2010 dated 17.06.2020.)

M. Sathyanarayanan, J.

1. The writ petitioner is the appellant herein and aggrieved by the negativing of the interim prayer for adinterim order in W.M.P(MD).No.6169 of 2020 made in W.P. (MD).No.6780 of 2020, vide impugned order dated 17.06.2020, he came forward to file this Writ Appeal.

2. Mr.G.Jeremiah, learned counsel appearing for the appellant/writ petitioner has drawn the attention of this Court to the typed set of documents and would submit that the appellant/writ petitioner had purchased the land admeasuring an extent of 16.69 acres in Valantharavai village, Ramanathapuram Taluk and District, for establishing a private power generation plant of 52.8 M.W. by using Natural Gas fully supplied by the GAIL (India) Limited and the energy generated is being supplied to Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) grid.

3. The learned counsel appearing for the petitioner would submit that the third respondent has served a notice dated 23.03.2020, stating among things that part of the lands belonging to the appellant/company in Survey Nos.203/4B1C, 203/4B1B, 203/B1A, 203/2B1, 203/3B and 203/2B2, Valantharavai village, admeasuring an extent of 8415 sq.meters out of 16.69 acres has been taken by the virtue of declaration under Section 6(1) of Petroleum and Minerals, Pipelines (Acquisition of Right of user in Land) Act, 1962 (in short P & MP Act).

4. The primordial submission made by the learned counsel appearing for the petitioner is that the mandates of Section 3(1) of the said Act have not been complied with and that apart, the said lands have been developed as a Green Belt in terms of the consent given by the Tamil Nadu Pollution Control Board and further pointed out, once the pipeline is laid, no trees can be planted on the site, since it affects the Green cover portion and the appellant/company may also liable to pay tax at the hands of Tamil Nadu Pollution Control Board as well as other entities. In the light of the above facts and circumstances, the appellant company has clearly established a prima facie case for grant of interim orders. However, the learned Single Judge without taking note of factual circumstances and the legal position, has erroneously declined to grant interim orders and prays for appropriate orders.

5. This Court also heard the submissions of the learned counsel appearing for the respondents 3 and 4.

6. Mr.V.Kathirvelu, learned Additional Solicitor General of India, accepts notice on behalf of the first respondent. The respondents 3 and 4 had filed the common counter affidavit and in paragraph No.9, they would aver that the notification under Section 3(1) of P & MP Act expresses the intention of the Government of India acquiring right of user in the lands and it was sent to the writ petitioner vide office intimation, dated 01.09.2017 and the same has been returned with the endorsement "Refused to receive" by the concerned Village Administrative Officer on 16.11.2017 and that apart, by the way of wide publicity, the details of the notification under Section 3(1) of the P & MP Act was also published in National and Vernacular dailies dated 12.10.2018, for further information of the land owners/interested persons over the said lands.

7. In paragraph No.13 of the counter affidavit, the respondents 3 and 4 took a stand that the underground pipeline laying works have been completed and the land above said pipeline has been restored to the original condition and as such, the interim relief sought for by the petitioner become infructuous.

8. Though the learned counsel appearing for the appellant strongly refused and denied the said averments and this Court is of the considered view that the grounds urged by the learned counsel appearing for the appellant can be adjudicated only at the time of final disposal of the writ petition, it prima facie appears that the statutory authority has exercised the statutory function and the alleged infraction can be found out only at the time of going through the records, which can be done at the time of final hearing of this Writ Appeal.

9. The learned Single Judge has taken note of the said aspects and rightly declined the prayer for interim orders sought by the appellant. Therefore, the writ appeal is dismissed, confirming the order dated 17.06.2020. It is also made clear that the observations made in t

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he impugned order, which is the subject matter of this Writ Appeal, or in this judgment, did not go into the merits or otherwise of the claim/defense projected by both parties. 10. At this juncture, the learned counsel appearing for the appellant/writ petitioner prays for early hearing and disposal of the Writ Petition. Therefore, Registry is directed to accord priority and list the writ petition for final disposal on 16.09.2020. No costs. Consequently, connected miscellaneous petition is closed.
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