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IN THE HIGH COURT OF ANDHRA PRADESH
Sri Justice Venkateswarlu Nimmagadda, J
Orumpati Dasaiah, S/o. Ramaiah – Appellant
Versus
Union of India – Respondent
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 2nd respondent in purporting to lay a natural gas pipeline connection Krishnapatnam port to Hyderabad for the benefit of the 4th 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 b
The court upheld the legality of the gas pipeline acquisition, emphasizing public interest and proper procedural adherence by the competent authority.
Acquisition of Land - Larger public purpose of a railway project would not be served if the notification under Section 20-A is quashed and the public purpose of the acquisition is the construction an....
The court emphasized that it cannot interfere with policy decisions based on suggestions without technical feasibility in a national project.
Point of law: Thus, we have a scenario where, on the one hand, invocation of urgency provisions under Section 17 of the Act and dispensing with the right to file objection under Section 5A of the Act....
when a statutory forum is created by law for redressal of grievances, a writ petition under Article 226 of the Constitution should not ordinarily be entertained ignoring the statutory prescription, m....
Point of law: The provisions of Section 5 and 6 of PMP Act would categorically show that the legislature attached much importance to the objections of the owner of the land in respect of acquisition ....
Right of user acquired under the Petroleum and Minerals Pipelines Act permits subsequent pipeline projects without new notifications if they are connected.
The right of user under the Petroleum Act can vest in multiple entities, and landowners are entitled to compensation for damages despite prior vesting.
Land of a farmer cannot be acquired with taking recourse to provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Point of Law : To construct a Pipeline avoiding every residential area - whether there are constructed buildings thereon or otherwise - would be a sisyphean task, if not an impossible one
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