The Removal of Difficulties Order, 2015, validly extends the beneficial compensation methodology of the 2013 Act to acquisitions of 'Right of User' under the 1962 Pipeline Act, ensuring equitable compensation for affected landowners.

JUDGMENT & ORDER (CAV)

KARDAK ETE, J.

Heard Mr. K. N. Choudhury, learned Senior Counsel, assisted by Mr. A. Hussain, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Senior Counsel assisted by Mr. R. Borpujari, learned counsel for the respondent No. 1; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, for respondent No. 2; and Mr. H. Sarma, learned State Counsel for respondent Nos. 3 & 4.

2. Challenge made in this writ petition is to the judgment dated 02.01.2024, passed by the learned Additional District Judge, Barpeta, in Misc. (L.A) Case No. 16/2020, by which the claim petition of the petitioner is dismissed as premature and not maintainable by holding that the petitioner is not entitled to calculation of compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( the RFCTLARR Act, 2013, in short). The petitioner has also challenged the order dated 07.08.2020, passed by the Competent Authority, GAIL (India) Ltd. Assam, respondent No. 1 herein, rejecting his claim for grant of compensation under the RFCTLARR Act, 2013 and prayed for a direction to the respondent authorities for reassessment as per the provisions of the RFCTLARR Act, 2013 in view of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Removal of Difficulties) Order, 2015.

3. The case of the petitioner, in brief, is that he, along with his brothers, inherited ancestral land measuring about 13 Bighas covered by Dag No. 864 under Periodic Patta No. 17, situated at Village Nichuka under Mouza Damka Chaka Baushi, Barnagar Revenue Circle, in the district of Barpeta, Assam. The land originally stood recorded in the name of their father and upon his demise, the land devolved upon the petitioner and his brothers. Following the death of one of the brothers, the petitioner become owner and possessor of one-third share of the said land, while the remaining portion is owned and possessed by the legal heirs of his deceased brother. The petitioner is regularly paying land revenue and his name has been duly recorded as a pattadar in the Jamabandi.

4. The Ministry of Petroleum and Natural Gas, Government of India, vide Notification dated 26.12.2018, published on 31.12.2018, has acquired the Right of User over land measuring 1 Bigha 17.5 Lechas covered by Dag No. 864, Periodic Patta No. 17, situated at the aforesaid revenue circle, under the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (in short, “the P&MP Act, 1962”), for the purpose of laying the Barauni-Guwahati Gas Pipeline (BGPL) by GAIL (India) Ltd. In connection therewith, a notice dated 09.08.2019 was issued by the competent authority.

According to the petitioner, the said notice came to his knowledge only on 20.06.2020 and therefore he could not participate in the objection proceedings as he had not been served with the notice within time.

5. The petitioner, having come to know that the compensation will be assessed as per the provision of Section 10 of the P&MP Act, 1962, under which compensation is payable to the extent of 10% of the market value of the land along with the compensation for crops