The court emphasized that it cannot interfere with policy decisions based on suggestions without technical feasibility in a national project.

JUDGMENT :

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 08.03.2019 made in W.P.No.7108 of 2018.

W.P.No.7108 of 2018: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records relating to Notification bearing No. S.O.1996(E) dated 15.06.2017 published in the Gazette of India, Extra-Ordinary (Part-II Sec 3(ii) dated 23.06.2017 on the file of the 2nd respondent culminating in the notices bearing No.ETBPNMT.PL.No.16/17-283 and No.ETBPNMT.PL No.16/17-53, both notices dated 05.07.2017 and notice dated 20.12.017 bearing No.ETBPNMT.PL.No.16/17-53 and order dated 19.10.2017 bearing No. ETBPNMT.O.P. 05/2017 (Thiruvallur) on the file of the 3rd respondent and the consequential declaration dated 15.03.2018 bearing Notification No. S.No.1249(E) Published in the Gazette of India, Extra-Ordinary (Part-II Sec 3(ii) dated 20.03.2018) on the file of the 2nd respondent and quash the same.

[Prayer amended as per order dated 09.08.2018 in W.M.P.No.22820 of 2018])

1. This Writ Appeal is filed against the order dated 08.03.2019 passed by the learned Single Judge in W.P.No.7108 of 2018. The Writ petition has been filed challenging the notification dated 15.06.2017 issued by the 2nd respondent under Section 3(1) of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 and the consequential notification dated 15.03.2018 issued under Section 6 of the above said Act for acquisition of right of user in the land of the petitioner for laying pipeline for Indian Oil Corporation Limited.

2. The case of the petitioner in brief is as follows: The petitioner is the absolute owner of the landed properties comprised in S.Nos.30/3B, 31/1A, 31/1C, 33/1, 34/1 and 35/1A, situated at Kottakuppam Village, Uthukkottai Taluk, Tiruvallur District by way of inheritance through his father and ancestors. The above said lands are agricultural lands and the petitioner and his family have been cultivating in the same for several decades. The above said lands are situated at Annadanakkakavakkam Village Road, which connects Periyapalayam State Highways [SH 51] and the lands are situated hardly 500 meters away from the State Highways. Earlier, the 2nd respondent herein had issued a notification on 15.06.2017 under Section 3(1) of The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (in short “the PMP Act”) which was published in the Government of India Gazette Extraordinary on 23.06.2017 whereby the 2nd respondent Ministry expressed its intention to acquire the right of user in the lands owned by the petitioner herein for laying Natural Gas Pipeline (in short, “LNG pipeline”) for Indian Oil Corporation Limited. Pursuant to the above said notification, the 3rd respondent had issued another notice dated 05.07.2017 and yet another notice 09.01.2018 directing the petitioner to submit his objections, if any, for acquiring the right of user in the land in question. Pursuant to the notice, the petitioner had sent a detailed objected on 04.08.2017, pointing out his objection for acquiring the right of user (hereinafter referred to as ‘the ROU’). Thereafter, a personal enquiry was conducted on 11.10.2017 wherein the petitioner had appeared and submitted another detailed objection. Thereupon, the 3rd respondent, by his proceedings dated 19.10.2017 disposed of the petitioner’s objections without considering none of the objections raised by the petitioners, however, with an observation that the land belonging to the petitioner are not being acquired and only the ROU in the land alone is sought to be acquired for the purpose of laying Natural Gas Pipeline and the owner of the land is entitled to cultivate the land without any hindrance, as such, there would not be any loss of agricultural income from the lands and under Section 10(4) of the PMP Act, the petitioner would be suitably compensated on payment of 10% of the market