Important points:
The claim made by the 1st respondent for determination of compensation towards market value of the land, which can only be sought for in an application filed under sub-section (5) of Section 10 of the Act, against an award of the Competent Authority under sub-section (4) of Section 10.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner, who is the Competent Authority under the Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Act, 1962 in connection with the laying of pipelines for the distribution of natural gas by M/s. GAIL (India) Ltd. has filed this writ petition under Article 226 of the Constitution of India seeking a writ of prohibition or any other appropriate writ, order or direction forbearing the II Addl. District Judge, Kozhikode from proceeding with O.P. No. 244 of 2019. The petitioner has also sought for an appropriate writ, order or direction to quash Ext.P1 petition in so far as the same proceeds with an assessment of land value under sub-section (5) of Section 10 of the said Act, an appropriate writ, order or direction directing the II Addl. District Judge, Kozhikode to hear the maintainability of O.P. No. 244 of 2019 as a preliminary issue, within a reasonable time as fixed by this Court and a declaration that Ext.P1 has been filed without cause of action and hence liable to be rejected.

2. On 10.03.2020, when this writ petition came up for admission, this Court admitted the matter on file and issued urgent notice to the 1st respondent by speed post. The learned Standing Counsel took notice for the 2nd respondent. This Court granted an interim order staying further proceedings in O.P. No. 244 of 2019 on the files of the II Addl. District Judge, Kozhikode. The said interim order is still in force.

3. The 1st respondent, the petitioner in O.P. No. 244 of 2019, has filed a counter affidavit opposing the reliefs sought for in this writ petition. The 2nd respondent, the Chief Manager of GAIL (India) Limited, has filed a statement through the learned Standing Counsel.

4. On 07.10.2020, when this writ petition came up for consideration, the learned counsel for the petitioner sought time to place on record a copy of the award, which is subject matter of challenge in O.P. No. 244 of 2019, as additional document.

5. Today, when this writ petition is taken up for consideration, the petitioner has placed on record a copy of award bearing No. C-17/2018/KKZD/RAROTH/132-VELIMANNA (01) dated 12.04.2018, as Ext.P3, along with I.A. No. 1 of 2020.

6. Heard the learned counsel for the petitioner, the learned counsel for the 1st respondent and also the learned Standing Counsel for the 2nd respondent.

7. M/s. GAIL (India) Ltd. the 2nd respondent herein, is a Public Sector Undertaking in the field of processing and distribution of natural gas. Presently, the 2nd respondent is executing a project of Government of India to distribute natural gas from Kochi to Bangalore, at an estimated cost of Rs. 3,300/- crores. For the purpose of laying pipelines for the transportation of natural gas from Kochi to Bangalore, through Kottanad and Manglalore, the Central Government published notifications in the Official Gazette, under sub-section (1) of Section 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 declaring its intention to acquire the right of user of the land under which such pipelines may be laid. The petitioner herein is the Competent Authority authorised by the Central Government, under clause (a) of Section 2 of the Act, by notification in Official Gazette, to perform the functions of that Authority under the Act, in Kozhikode District.

8. Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (for brevity ‘the Act’) was enacted by Parliament to provide for the acquisition of right of user in land for laying pipelines for the transport of petroleum and minerals and for matters connected therewith. Clause (a) of Section 2 of the Act define ‘competent authority’ to mean any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act and different persons or authorities may be authorised to perform all or any of the functions of th