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Gujarat High Court notice to authorities, builder for construction over gas pipeline

The PIL has been filed by a public trust, Jagrut Nagrik, raising apprehensions on the safety of the people residing in the area in the absence of safety measures.

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HC has directed them to file their replies in the matter by September 25
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The Gujarat High Court on Thursday sought a reply from the state government, Vadodara collector, Vadodara Urban Development Authority (VUDA), Gas Authority of India Limited (GAIL), and a private developer Earth Landmark, after a public interest litigation (PIL) questioning the construction carried out by the developer over a natural gas pipeline of GAIL came up for hearing.

The PIL has been filed by a public trust, Jagrut Nagrik, raising apprehensions on the safety of the people residing in the area in the absence of safety measures. The division bench of Acting Chief Justice AS Dave and Justice Biren Vaishnav issued a notice to the concerned authorities and the private builder directing them to file their replies in the matter by September 25.

The petitioner has claimed that the private developer has developed a residential society — Earth Somnath, on Gotri-Sevasi Road in Vadodara on a plot admeasuring 11,938 sqm. To carry out development on the plot, the landowner had sought permission for conversion of land from the collector. The collector then wrote a letter to GAIL seeking no-objection certificate (NOC) since natural gas pipelines laid down by the company were passing through the said land.

Petitioner’s allegations

The developer has made the construction within five-meters from the natural gas pipeline, instead of 15 meters as per rules
Developer has encroached upon a government land owned by the gram panchayat to develop a clubhouse and a swimming pool

GAIL agreed to grant permission in August 2013 after levying certain conditions, based on which the collector granted permission in October 2013. When construction of the society was complete, it came to the notice of the petitioner that the developer had violated the conditions levied by GAIL and the collector.

The petitioner hired a civil engineer to ascertain the issue and it was found that the developer has made the construction within five-meters from the natural gas pipeline, instead of 15 meters as per rules. The petitioner has also alleged that the developer has encroached upon a government land owned by the gram panchayat to develop a clubhouse and a swimming pool.

It has been demanded that the construction in contravention of the permission should be brought down.

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