Compensation for land use under the Petroleum & Minerals Pipelines Act requires proper documentation for valuation; the absence of such documentation impacts the awarded amount.

JUDGMENT

T. Amarnath Goud, J. - This is an application under Article 227 of the Constitution of India against the judgment dated 07.05.2019 passed in Civil Misc (PMP) 23 of 2014 between Sri Bishirai Debbarma, Claimant-petitioner and the Oil and Natural Gas Corporation Limited and 3 others, whereby and whereunder the learned Additional District Judge, West Tripura, Agartala fixed compensation for damage to the business of sand quarry and earning and compensation amounting to Rs. 62,85,600 only. The petitioners also preferred this application for exercising the supervisory jurisdiction of the Hon'ble High Court against the Order passed by the learned Additional District Judge, West Tripura, Agartala in Civil Misc (PMP) 23 of 2014 between Sri Bishirai Debbarma claimant-petitioner and the Oil & Natural Gas Corporation Limited and 3 other respondents, whereby and whereunder the learned Addl. District Judge, West Tripura, Agartala fixed compensation for damage to the business of sand quarry and earning amounting to Rs. 62,85,600/- (Rupees sixty two lakh eighty five thousand six hundred) only in violation of the provisions of Petroleum & Minerals Pipelines Act, 1962 (P&MP Act, 1962) and the Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Rules, 1962.

2. For the sake of brevity the parties are referred to as in the cause title of Civil Misc.(PMP) 23 of 2014. Brief facts of the present case are that the claimant is the owner and possessor of Land measuring 0.43 acres in plot no. 4710(P) & 4710/9989(P) pertaining to Khatian No. 1790 of Mouja-Sreenagar whereon he used to draw sandy water from river namely 'Bankshwar Harun'. The Claimant-petitioner used to draw sandy water from the said river and the water used to fell in the said land by 6 pump set (sand extracting Machine) and thereby the Claimant petitioner used to collect sand from the sandy water and that the petitioner has set one pump set (sand extracting Machine) for the said work and that for collection of sand the claimant petitioner has to employ 4 laborer per day pump set and hence the petitioner has to engage 24 laborer for carrying out the sand collection and heap the sand in the said land which became as sand quarry. The petitioner also stated in his petition that the claimant petitioner used to pay Rs. 500/- per day for hiring a pump set (Sand extracting machine) and 6 ltrs of diesel per day was required for running the said pump set. The claimant petitioner used to produce 42 to 43 trucks of sand per day which cost is estimated at Rs. 750/- per truck. The claimant stated that the respondent No. 4 by issuing a notice to the claimant petitioner stated that his land mentioned herein above was required in public interest for transmitting of Natural Gas for the Thermal Project in Palatana, Udaipur-South Tripura pipe lines will be laid down. It is also stated in that notice that the claimant petitioner will not be allowed to construct building, or construct or excavate or reservoir etc or in any form of plant trees or garden and right of user shall absolutely vest with the Govt. of India. The Respondent No. 4 caused a Field inquiry through competent authorities on behalf of the respondents and thereafter the field inquiry report was submitted to respondents.

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