The availability of a statutory remedy under the Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962 for redressal of grievances regarding compensation for land acquisition.

JUDGMENT & ORDER :

In this writ petition instituted under Article 226 of the Constitution of India, the petitioners have sought for a direction to the respondent authorities to pay just, proper and adequate compensation for two parcels of land, situate in Village – Nandikeswar, Mouza – Chilabandha, Na-Duar Revenue Circle, District - Sonitpur in respect of which the Right of User [RoU] had been acquired by the Government of India in the Ministry of Petroleum and Natural Gas in exercise of the powers conferred under the provisions of the Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962.

2. The petitioners, 7 [seven] in nos., are from the same family and their predecessor was one Late Jogen Baruah. While the petitioner no. 1, the petitioner no. 2, the petitioner no. 3, the petitioner no. 4, the petitioner no. 6 and the petitioner no. 7 are brothers, all sons of Late Jogen Baruah, the petitioner no. 5 is the wife of one Late Dip Baruah, who was another son of Late Jogen Baruah. It is the case of the petitioners that they are owners of two parcels of land measuring - [i] 4 Kathas, covered by Dag no. 605 & Patta no. 224; and [ii] 1 Bigha 4 Lessas, covered by Dag no. 634 & Patta no. 224, – situate in Village – Nandikeswar, Mouza – Chilabandha, Na-Duar Revenue Circle, District – Sonitpur [‘the subject-plot’, for short]. The petitioners were served notices, all dated 18.09.2020, by the respondent no. 3 whereby they were informed that the areas of land mentioned therein would be acquired by the Central Government exercising the Right of User [RoU] in public interest for laying of underground Pipeline by M/s Indradhanush Gas Grid Limited [IGGL]. The Schedule of Land within the subject-plot, situate in Village - Nandikeswar, Mouza - Chilabanda, Revenue Circle – Naduar, District – Sonitpur, in respect of the Right of User had been sought to be exercised were as under :-

SCHEDULE OF LAND

i. Dag no. 605 Patta no. 224, 0B-04K-00Ls [Fair Land/Bhat Bari] out of the 03B-03K-09Ls of Village - Nandikeswar, Mouza - Chilabanda, Revenue Circle – Naduar, District – Sonitpur, Assam and

ii. Dag no. 634 Patta no. 224, 0B-01K-04Ls [Hali Toli] out of the 01B-00K-15Ls of Village - Nandikeswar, Mouza - Chilabanda, Revenue Circle – Naduar, District – Sonitpur, Assam

2.1. The notices, dated 18.09.2020, were issued in exercise of the powers under sub-section [1] of Section 3 of the Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962 [‘the 1962 Act’, for short]. By the notices dated 18.09.2020, it was further informed that the compensation for the land, crops and other properties would be made according to the provisions of Section 10 and Section 11 of the 1962 Act. The petitioners were also informed that in case they had any objection for laying of the said pipeline on the Schedule of Land, objections could be filed before the respondent no. 2 who was appointed as the Competent Authority under Section 2[a] of the 1962 Act. Subsequent to assessments made for the Schedule of Land, crops standing thereon, other properties, the respondent authorities had deposited a total amount of Rs. 10,06,752/- [= Rs. 4,18,200.00 + Rs. 4,50,414.00 + Rs. 1,38,138.00] towards compensation for acquisition of Right of User [RoU] of the Schedule of Land, zirat, etc.

3. I have heard Mr. D. Borah, learned counsel for the petitioners; Mr. N. Kalita, learned counsel representing Mr. A. Kalita, learned Standing Counsel, Industries & Commerce Department for the respondent no. 1; Mr. B.P. Sarma, learned counsel representing Mr. J. Roy, learned senior counsel for the respondent no. 2; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 3 & 4.

4. Mr. Baruah, learned counsel for the petitioners has submitted that the compensation amount assessed by the respondent authorities is inadequate inasmuch as valuation of the Schedule of Land within the subject-plot should have been assessed as ‘highest trade site’.