Right of user acquired under the Petroleum and Minerals Pipelines Act permits subsequent pipeline projects without new notifications if they are connected.

ORDER :

All these Writ Petitions are filed challenging the impugned Notification issued by the 5^th respondent herein in Na.Ka.No.14/2023/IDPL/Irugur, dated 01.11.2023 under Section 7(1)(i) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, for laying pipeline in the subject lands belonging to the petitioners as part of Irugur-Devangonthi Pipeline Project.

2. In W.P.No.37936 of 2024, the consequential summons issued by the 5^th respondent in Na.Ka.No.15/2023/IDPL/dated 27.05.2024 for payment of compensation to the petitioners therein was also challenged. In other writ petitions, the main notification under Section 7(1)(i) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, alone has been challenged.

3. It is the common case of all the petitioners that they are lawful owners and possessors of agricultural lands bearing various survey numbers in Irugur, Kangayampalayam, Sulur Villages of Sulur Taluk, Coimbatore District and the said lands are the primary source of their livelihood for their family. It is the case of the petitioners that in the year 1999, a pipeline project named “Petronet Cochin-Coimbatore-Karur” Project (hereinafter referred to as 'Petronet CCK Project' for brevity) was implemented by Petronet India Limited, which was later acquired by Bharat Petroleum Corporation Limited, the 4^th respondent herein. During implementation of Petronet CCK Project, in order to lay pipelines underneath the subject lands, right of user was acquired under the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962. After acquiring the right of user in the subject lands, pipelines were laid underneath the subject lands of the petitioners for the purpose of transporting petroleum products. The same was part of Petronet CCK Project. Now, the 4^th respondent which acquired Petronet India Limited has conceived a new pipeline project called 'Irugur - Devangonthi Pipeline Project (hereinafter referred to as 'IDPL Project' for brevity). The 4^th respondent decided to lay another separate pipeline as part of IDPL Project through the subject lands of the petitioners and hence, the impugned notification under Section 7(1)(i) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, was issued by the 5^th respondent. Aggrieved by the same, the petitioners have come before this Court complaining non-compliance of provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.

4. The 4^th respondent herein filed a counter affidavit stating that for the purpose of laying pipeline for Petronet CCK Project, a preliminary notification under Section 3(1) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, was issued and thereafter, the objections of the land owners including the petitioners were heard as per provisions of Section 5 of the said Act and finally, notification was issued under Section 6(1) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962. Thus, the right of user vested with Petronet India Limited got automatically transferred to 4^th respondent/Bharat Petroleum Corporation Limited on amalgamation of Petronet India Limited with Bharat Petroleum Corporation Limited. Therefore, it is stated that the 4^th respondent-Corporation is entitled to lay another pipeline in the subject lands over which right of user was already acquired. Therefore, it is the main contention of the contesting respondents that impugned notification under Section 7(1)(i) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 is tenable in law without issuing separate notification under Sections 3 and 6 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962. It is also stated by the 4^th respondent that IDPL project is closely connected with Cochin- Coimb