IN THE HIGH COURT OF TRIPURA, AGARTALA
S. TALAPATRA, J.
Sri Tarani Debbarma, son of late Sukramani Debbarma and Ors. - Petitioners
Versus
The Oil and Natural Gas Corporation Ltd. and Ors. – Respondents
CRP. No. 17, 25, 34, 46, 55, 56, 57, 58 of 2016
Decided On : 30-05-2017
PETROLEUM AND MINERALS PIPELINES [ACQUISITION OF RIGHT OF USER IN LAND] ACT, 1962 - SECTION 10(2) - RULE 5 OF THE PETROLEUM AND MINERALS PIPELINES [ACQUISITION OF RIGHT OF USER IN LAND] RULES, 1963 - LIMITATION - INTIMATION - MEANING AND PURPORT - SUBSTANTIVE COMMUNICATION IN WRITING - DATE OF RECEIPT OF SUCH COMMUNICATION ALONG WITH THE ORDER AWARDING THE COMPENSATION WOULD BE THE RELEVANT DATE FOR CALCULATING 90 DAYS LIMITATION FOR FILING THE PETITION UNDER SECTION 10(2) OF THE ACT - IN ABSENCE OF APPLICATION UNDER SECTION-5 OF THE LIMITATION ACT, THE APPLICATION UNDER SECTION-10(2) OF THE ACT, SHALL BE DISMISSED.
Fact of the Case:
Several petitions were filed under Article 227 of the Constitution of India challenging the orders passed by the District Judge in respect of the petitions filed under Section 10(2) of the Petroleum and Minerals Pipelines [Acquisition of Right of User in Land] Act, 1962 (PMP Act). The main issue raised in these petitions was whether the limitation for filing a petition under Section 10(2) of the PMP Act would start from the day of receipt of payment or execution of indemnity bond in respect of the unfettered use of the land or for any other reasons or from the day when the person from whom right of user in land is acquired received the intimation from the competent authority under Rule 4(c) of the Petroleum and Minerals Pipelines [Acquisition of Right of User in Land] Rules, 1963 (PMP Rules).
Finding of the Court:
The court held that the limitation for filing a petition under Section 10(2) of the PMP Act would start from the date of receipt of substantive communication in writing from the competent authority along with the order awarding the compensation. The court further held that mere signing on the receipt register or any other document or indemnity bond not relating to the substantive content of the award cannot form ‘intimation’. Intimation must be substantive and as a safer course, it must carry a copy of the order of award. No other document shall be considered, as intimation.
Issues: 1. Whether the limitation for filing a petition under Section 10(2) of the PMP Act would start from the day of receipt of payment or execution of indemnity bond in respect of the unfettered use of the land or for any other reasons or from the day when the person from whom right of user in land is acquired received the intimation from the competent authority under Rule 4(c) of the PMP Rules? 2. Whether the appreciation of evidence made by the District Judge suffers from manifest illegality warranting interference under the supervisory jurisdiction of the High Court?
Ratio Decidendi: The court held that the limitation for filing a petition under Section 10(2) of the PMP Act would start from the date of receipt of substantive communication in writing from the competent authority along with the order awarding the compensation. The court further held that mere signing on the receipt register or any other document or indemnity bond not relating to the substantive content of the award cannot form ‘intimation’. Intimation must be substantive and as a safer course, it must carry a copy of the order of award. No other document shall be considered, as intimation.
Final Decision: The court allowed the CRP No. 25 of 2016 and dismissed the rest of the petitions.
All these petitions filed under Article 227 of the Constitution of India being CRP. 17 of 2016 [Sri Tarani Debbarma & Another. v. ONGC Ltd. and Others], CRP. 25 of 2016 [Sri Sunil Das v. ONGC Ltd. and Others], CRP. 34 of 2016 [Sri Priya Lal Debnathj v.ONGC Ltd. and Others], CRP. 46 of 2016 [Sri Samir Debbarma v. ONGC Ltd. and Others], CRP. 55 of 2016 [ONGC Ltd. and Others v. Shri Ramesh Das], CRP. 56 of 2016 [ONGC Ltd and Others v. Sri Monoranjan Debnath], CRP. 57 of 2016 [ONGC Ltd. and Others v. Shri Lab Kumar Debbarma & Another.] and CRP. 58 of 2016 [ONGC Ltd. and Others v. Shri Subhash Barman] are consolidated and clustered for disposal by a common judgment.
2. It is to be noted at the outset that CRP. No. 25 of 2016, CRP. No. 55 of 2016, CRP. No. 56 of 2016, CRP. No. 57 of 2016 and CRP. No. 58 of 2016, have been filed by the ONGC Ltd, the requiring agency and the remaining revision petitions have been filed by the persons from whom the right of user in land has been acquired in terms of provision of the Petroleum and Minerals Pipe Lines [Acquisition of Right of User in Land] Act, 1962.
3. All these revision petitions are structured on the questions viz:
(i) Whether the limitation as prescribed by Rule 5 of the Petroleum and Minerals Pipe Lines [Acquisition of Right of User in Land] Rules 1963 would start from the day of incidence like receipt of payment or execution of indemnity bond in respect of the unfettered use of the land or for any other reasons or from the day when the person from whom right of user in land is acquired received the intimation from the competent authority under Rule 4(c) of the said Rules?
(ii) Whether the appreciation of evidence made by the District Judge suffers from manifest illegality warranting interference under the supervisory jurisdiction of the High Court?
4. Mr. S. Saha, learned counsel appearing for the ONGC has submitted a list of dates from where it can be availed when the competent authority passed the award, when the person from whom right to user of land has been acquired had received the cheque, the date of filing the petition in the court of the District Judge under Section 10(2) of Petroleum and Minerals Pipe Lines [Acquisition of Right of User in Land] Act 1962 (for short, the PMP Act) and after how many days the petition under Section 10(2) of the said PMP Act was filed from the day of receipt of the cheque. The said information has not been contested by any one. Thus, it would be profitable if a table is made out of those information which then would be as under:
CRP No.
Name of parties
Date of award by the CA
Date of receipt of cheque
Date of filing Ptn under Section 10(2)
Time taken in filing Pts. Under Section 10(2) from receipt of cheque
17 of 2016
Tarini Debbarma & Another v. ONGC
28.06.2012
28.06.2012
16.02.2013
240 days (in place of 90 days)
34 of 2016
Priyalal Debnath v. ONGC
20.05.2011
20.05.2011
26.11.2012
632 days (in place of 90 days)
25 of 2016
ONGC vs. Sunil Das
05.12.2011
05.12.2011
26.11.2012
351 days (in place of 90 days)
55 of 2016
ONGC. Vs. Ramesh Das
28.06.12
28.06.2012
16.02.2013
237 days (in place of 90 days)
56 of 2016
ONGC vs. Monoranjan Das
10.05.2011
10.05.2011
26.11.2012
560 days (in place of 90 days)
57 of 2017
ONGC vs. Lab Debbarma & another
04.10.2012
15.10.2012
16.02.2013
123 days (in place of 90 days)
58 of 2016
ONGC. Vs. Subhash Barman
09.06.2012
18.06.2012
22.09.2012
95 days (in place of 90 days)
5. For purpose of decision, the fact and the impugned finding as challenged in each of the Civil Revision Petitions are required to be traversed separately. It is made clear that the issue relating to “intimation” and its nature thereof and the related questions that would emerge on application of Rule 5 of
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