Guj HC rejects PIL against APSEZ

The Gujarat High Court today rejected a PIL seeking prohibitory order from the court to Adani Ports and Special Economic Zone (APSEZ) from laying a railway line parallel to the existing one and construction of a compound wall along the railway track.
The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala dismissed the PIL filed by some residents of Luni village in Mudra Taluka of Kutch district who have objected to the construction of the wall along the railway track between Adipur and Mundra in the district.
The villagers, in their petition, had argued the company was interfering with natural flow of rivulets while constructing the 57-km railway line.

The bench said the construction was done after due permission from the competent authorities and hence it did not violate the fundamental rights of the villagers.
The court also rejected the demand for a stay on this order so that the petitioner can approach the apex court.
The PIL was filed in September 2011 by Ullasba Barach and others from Luni village who contended the company needs to take permission of Gram panchayat before constructing the railway line and the compound wall.

Petitioners had said they were not opposed to the company's private railway line but against the wall it had constructed.

They alleged that due to the wall the 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.
They had further argued that this move by the company had not only blocked transport between the villages but also exposed the villages to 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 a part of SEZ. It had also denied all the allegations made by the villagers.