JUDGMENT

S.Saghir Ahmad, J.-Leave granted.

2. Water is a mineral within the meaning of Mines Act, 1952 read with Section 2(ba) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (for short, the Act) or not is the question raised by the respondent in this appeal.

3. Appellant owns survey plot nos. 780, 781, 913/1 914, 893, 918/223, 924/2, 923, 926 of moja Ichchapur, Tehasil Choryasi, District Surat which were notified on 23.6.83 under Section 3(1) of the Act. For acquiring the right of user in those plots to enable the respondent No. 2, namely, the Oil and Natural Gas Commission, in whom the rights were ultimately vested, to lay pipelines for transporting Petroleum from one place to another, a Notification was issued under Section 3(1) of the Act on 23.6.83. This Notification was followed by Notification dated 16.1.84 issued under Section 6(1) of the Act and the right of user in the aforesaid land stood acquired for laying the pipelines. It was also indicated in that Notification that the right of user in the said lands shall, instead of vesting in the Central Government, vest in the Oil and Natural Gas Commission.

4. In pursuance of the aforesaid N