The court upheld the legality of the gas pipeline acquisition, emphasizing public interest and proper procedural adherence by the competent authority.

ORDER:

VENKATESWARLU NIMMAGADDA, J.

1. The writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“To issue WRIT OF MANDAMUS or any other appropriate Writ declaring that the action of the 2^nd respondent in purporting to lay a natural gas pipeline connection Krishnapatnam port to Hyderabad for the benefit of the 4^th respondent BPCL and consequently consuming the our fish and prawns tanks in Sy No 18/3 22/3 of Pallipadu Village Indukuripeta Mandal Nellore district Andhra Pradesh is arbitrary and not in public interest and also declare that the proceedings of the 2nd respondent in Rc CA/AP/KHPL/SPSR Nellore/ 104R/2024 dated 21.03.2024 rejecting our objections in respect of the said land acquisition is arbitrary illegal and ultravirus the provisions of the petroleum and Minerals Pipelines Acquisition of Right Of User In Land Act 1962 and strike down the said proceedings and direct the respondents to forbear from acquiring our fish and prawns tanks and also direct the 1st respondent to explore the alternative/more viable/ economical alignment for providing the transportation of natural gas pipeline connecting Krishnapatnam port to Hyderabad by sincerely considering our objections and other farmers”

2. The facts of the case are that, the petitioners are residents of Pallipadu Village, Indukuripet Mandal, Nellore District, eking out their livelihood depending upon the Fish/Prawn culture as small farmers as well as agricultural labour. The first petitioner possessed a fish tank in an extent of Ac.3-22 cents in Khata No.427 in Sy.No.18/3, while the second petitioner possessed fish tank in an extent of Ac.7-00 in Khata No.365 of Pallipdu Village, Indukuripeta Mandal, Nellore District. It is the case that BPCL proposed gas pipeline passing through the land of the petitioners, which affects the fish tanks of the petitioner, including the connection of water pipelines. Respondent No.2 issued notice in Form-III dated 13.05.2022 to the petitioners to submit objections if any, as it has been decided to lay a pipeline cross the prawn and fish tanks to provide connectivity for natural gas transportation by BPCL from Krishnapatnam port to Hyderabad. Despite adjacent lands being available, for reasons unknown, the authorities opted to acquire the land of the petitioners. Notices under Form 3(3) were issued to the petitioners, to which the petitioners submitted objections. Despite considering the objections, the second respondent rejected the objections on the ground that a decision had already been made to lay the pipeline from Krishnapatnam to Hyderabad in the public interest. The petitioners contend that, no inquiry was conducted. The petitioners submitted further representations to Respondent No.2 to reconsider the decision contained in the proceedings dated 21.03.2024, however, there was no response to the representations. The petitioners contend that due to the gas pipeline being laid across the subject land, they are not able to cultivate as they previously did. The presence of the gas pipeline is making it impossible to cultivate the remaining land and laying of gas pipeline through fish/prawn tanks is highly objectionable since natural gas pipelines emit a significant amount of heat, slight odour which is detrimental to the existence of fish, prawn etc, and requested to grant the relief as prayed for.

3. Respondent No.2 – Competent Authority and Special Deputy Collector, Krishnapatnam – Hyderabad Pipeline Project, filed detailed counter affidavit, denying material allegations. It is submitted that, Respondent No.2 after ascertaining the sales statistics from respective departments i.e. Registration Department preceding three years form the date of intimation date i.e. 3(1) notification and after adding 100% solatium, fixed determination fo market value as per Land Acquisition Act, 2013. Award No.60/2024 determining the compensation to be paid was issued on 13.04.2024 by Respondent No.2 and has sp