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SHARAD KUMAR SHARMA
Gail (India) Limited – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
SHARAD KUMAR SHARMA, J.
1. The subject “acquisition” of a land for public purposes, falls for consideration under schedule 7 of the Constitution of India. It is rather a subject which exclusively vests with the powers, to the acquiring body, which in the instant case happens to be the Government of India, for the purposes of enforcement of the project with which we are related to i.e. laying of gas pipeline project i.e. Karanpur, Muradabad, Kashipur, Rudrapur Gas Pipeline Project. In order to govern and regulate the acquisition proceedings, in relation to the aforesaid projects, the Government of India, vide its gazette notification of 07.12.1962 had notified an Act called as the “Petroleum and Minerals Pipelines” (Acquisition of Rights of User in Land) Act of 1962. The Act in itself provides a right of acquisition, or the use of the land for the purposes of laying down pipelines for the transportation of petroleum and mineral projects and matters connected thereto. There are various processes which has been provided therein, that in an event of acquisition of property for laying down the projects covered under the Act of 1962, the process of entering into a land and its a
The main legal point established is the necessity to involve the principal acquiring body in proceedings related to land acquisition and the protection of action taken in good faith under Section 13 ....
Allegations over compensation apportionment in special acquisition statute do not disclose cognizable offence; criminal proceedings cannot reopen settled statutory disputes; revisional FIR direction ....
The main legal point established is that the abuse of process of court in the context of land acquisition can lead to the quashing of criminal proceedings.
Point of law: Thus, we have a scenario where, on the one hand, invocation of urgency provisions under Section 17 of the Act and dispensing with the right to file objection under Section 5A of the Act....
when a statutory forum is created by law for redressal of grievances, a writ petition under Article 226 of the Constitution should not ordinarily be entertained ignoring the statutory prescription, m....
The FIR became infructuous due to the lapse of land acquisition proceedings under Section 24(2) of the LARR Act, leaving no legal basis for the charges against the petitioners.
The Land Acquisition Officer has authority to decide simple title issues but must refer complicated matters to the Civil Court, ensuring fair consideration of all claims.
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