JUDGMENT

Date : 22-11-2021 In this writ petition preferred under Article 226 of the Constitution of India, the petitioner has assailed a communication dated 15.11.2019, whereby, the petitioner has been notified to the effect that the construction of a pipeline would start at anytime over a plot of land covered by Dag no. 446 & Periodic Patta no. 7 [‘the subject-plot’, for short] located in Village – Katlapathar, Revenue Circle – Sarthebari, Mouza – Bhawanipur, District – Barpeta, as the Right of User over the subject-plot had been acquired by the Central Government in exercise of the powers conferred under Section 9[1] of the Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962.

2. The petitioner has claimed that he is the owner of the subject-plot. According to the petitioner, due procedure has not been followed to acquire the Right of User over the subject- plot and as such, the action contemplated under the communication dated 15.11.2019 is illegal and arbitrary.

3. Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. P.S. Deka, learned Standing Counsel, Revenue Department for the respondent no. 1; Mr. N. Goswami, learned Junior Government Advocate for the respondent nos. 2 and 3; and Mr. S. Mitra, learned counsel for the respondent no. 4.

4. In response to the writ petition, the respondent no. 4 has filed its affidavit-in- opposition. The impugned notice dated 15.11.2019 has reflected that the Right of User over the subject-plot has been acquired by the Central Government in exercise of the powers conferred under sub-section [1] of Section 9 of the Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962 [‘the Act 1962’ and/or ‘the 1962 Act’, for short].

5. Mr. Ali, learned counsel for the petitioner contending as above, has sought setting aside of the impugned notice dated 15.11.2019. He vehemently contended that the respondent no. 4 has no authority to issue such notice and the notice is void and non-est in law. He has further submitted that the compensation assessed by the Competent Authority is not adequate and as such, compensation is required to be enhanced by correctly assessing the damage caused to the subject-plot. On the other hand, Mr. Mitra, learned counsel for the respondent no. 4 has submitted that the compensation has been duly assessed by taking into account all the relevant factors into consideration after acquisition of the Right of User with due adherence of the statutory provisions. A part of the compensation has already been received by the petitioner. It is his further submission that if the petitioner is aggrieved by the amount of compensation so assessed, the petitioner has remedy under the provisions of the

1962 Act and as such, the writ petition is not maintainable.

6. The Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962 has provided for the acquisition for Right of User in land for laying pipelines for the transport of petroleum and minerals and for matters connected therewith. On 07.09.2018, the Petroleum and Natural Gas Regulatory Board approved a project of ‘Laying, building, operating or expanding Barauni – Guwahati Natural Gas Pipeline [BGPL] as an integral part of Jagdishpur – Haldia - Bokaro - Dhamra Natural Gas Pipeline network [JHBDPL]’ [’the Project’, for short] under Regulation 17[1] of the Petroleum and Natural Gas Regulatory Board [Authorizing Entities to Lay, Build, Operate or Expand Natural Gas Pipelines] Regulations, 2008 read with Section 42 of the Petroleum and Natural Gas Regulatory Board Act, 2006. The respondent no. 4 has been entrusted to complete the activities of laying, building or expansion activities of Barauni – Guwahati Natural Gas Pipeline [BGPL] and commissioning the natural gas pipeline project, as integral part of the JHBDPL project, within the stipulated time period. By a notification dated 14.09.2018, published in the Gazette of India in its issue dated 19.09.2018, the