ORDER

Date : 04-02-2022 In this writ petition preferred under Article 226 of the Constitution of India, the petitioner has assailed 3 [three] notices, all dated 15.11.2019, whereby, the petitioner was notified to the effect that the construction of a pipeline would start at anytime over the plots of land described in those notices on the premise that the Right of User over those plots of land 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. The said 3 [three] notices made mention of 3 [three] plots of land located in Village – Katla Pathar, Revenue Circle – Sarupeta, Mouza – Bhawanipur, District – Barpeta. The notices have been addressed to the petitioner and are pertaining to plots of land covered by two parcels of land falling within Dag no. 422 & periodic patta no. 13 and Dag no. 591 & periodic patta no. 13 [‘the subject-plot’, for short] respectively. In the writ petition, directions inter-alia have been sought for setting aside the notices and to shift the pipeline from the petitioner’s parcels of land or to provide appropriate compensation/value of the land and property of the petitioner.

2. 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; Ms. S. Sharma, learned Junior Government Advocate for the respondent nos. 2 and 3; and Mr. S. Mitra, learned counsel for the respondent no. 4.

3. Mr. Ali, learned counsel for the petitioner has submitted that due procedure was followed to acquire the right of user over the 3 [three] parcels of land mentioned in the 3 [three] notices dated 15.11.2021 and, as such, the action contemplated thereby is illegal and arbitrary.

4. Mr. Mitra, learned counsel for the petitioner no. 4 has submitted that in response to the writ petition, an affidavit-in-opposition has already been filed controverting the averments made in the writ petition. It is his submission that the impugned notices dated 15.11.2019 have reflected that the Right of User over the subject-plots had 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]. It is his further submission that the compensations for the Zirat, the land and the crops for the subject-plots, appearing in the said three notices dated 15.11.2019, have 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. By referring to the statement annexed as Annexure-K to the affidavit-in-opposition of the respondent no. 4, Mr. Mitra has submitted that a total amount of Rs. 5,58,507.60/- towards compensation for Zirat, land and crops have already been disbursed in favour of the petitioner. He has submitted that if the petitioner is aggrieved by the amount of compensation so assessed and disbursed to him, the petitioner has remedy under the provisions of the 1962 Act and, as such, the writ petition is not maintainable.

5. Mr. Deka and Ms. Sharma, learned counsel for the respondent no. 1 and the respondent nos. 2 and 3 have submitted that the subject-matter of the writ petition are not relatable to the respondent nos. 1-3.

6. I have considered the submissions of the learned counsel for the parties and also perused the materials on record.

7. 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