Gujarat HC dismisses PIL against APSEZ

People from villages within SEZ had objected to construction of wall along railway line

The Gujarat High Court on Friday dismissed a public interest litigation (PIL) filed against Adani Ports & SEZ Limited (APSEZ) by people from Luni village objecting to the construction of walls along the railway track between Adipur and Mundra.

The villagers had also contended that the company was interfering with natural flow of rivulets while constructing the 57-km long railway line.

While rejecting the PIL a division bench of chief justice Bhaskar Bhattacharya and justice J B Pardiwala observed that the construction was done after due permission from competent authorities and hence it did not violate the fundamental rights of the villagers.

Senior counsel Hashim Qureshi representing the villagers said that they would be appealing against the High Court order in the Supreme Court.

The PIL was filed in September 2011 by Ullasba Barach and others from Luni village. They had said in the petition that they were not opposed to the company's private railway line, but were against the wall it had constructed.

They alleged that due to the wall villages were cut off from each other and people had to travel 30-40 km to reach other village which was not the case earlier.

The villagers had further argued that instead of building a bridge over the Khari river that falls on the route, the company had laid concrete pipes obstructing the natural flow of the river.

They had further argued that this move by the company had not only blocked transport between the villages, but also exposed the villages to the danger of flood.

APSEZ had argued that as per the provisions of the SEZ Act and Rules framed thereunder, the company can construct compound wall along the railway line which is part of SEZ. It also denied all allegations made by the villagers.