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GAHC010054622022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2011/2022 PRAFULLA DAS @ BUL AND 7 ORS.
S/O- LATE LAKHI DAS, R/O- KOCH-GAON, P.O. KUWARI, P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM, PIN- 784176.
2: PRANJAL KOCH S/O- LATE MULAN KOCH R/O- KOCH-GAON P.O. KUWARI P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN- 784176.
3: HARISINGH RAJPUT S/O- LATE BACHAN RAJPUT R/O- KOCH-GAON P.O. KUWARI P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN- 784176.
4: JUGAN NATH S/O- LATE KAMAL NATH R/O- KOCH-GAON P.O. KUWARI P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN- 784176.
5: SONTOSH KANU S/O- LATE PREM CHON KANU R/O- KOCH-GAON P.O. KUWARI P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN- 784176.
6: PRANAB BHAGAWATI S/O- SRI ABUD BHAGAWATI R/O- JARABARI P.O. BURIGRANG P.S. JINGIA DIST. BISWANATH ASSAM PIN- 784184.
7: SURAJ SOWRAIS S/O- LATE BHEKHARI SOWRAIS R/O- KOCH-GAON P.O. KUWARI P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN- 784176.
8: MADHAB MUNDA S/O- LATE BIJALA MUNDA R/O- NIZ- SOLMARI P.O. GERUABARI P.S. JINJIA DIST. BISWANATH ASSAM PIN- 784184 VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE COMMISSIONER/SECRETARY OF THE MINISTRY OF PETROLEUM AND NATURAL GAS SHASTRI BHAWAN DR. RAJENDRA PRASAD ROAD, NEW DELHI-110011.
2:THE CHAIR PERSON COURT OF COMPETENT AUTHORITY (C.A.) ASSAM INDRADHANUSH GAS GRID LIMITED (IGGL) INDUSTRY AND COMMERCE DEPARTMENT BLOCK-D
3RD FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI-781005.
3:THE DEPUTY COMMISSIONER BISWANATH DISTRICT AT BISWANATH CHARIALIL P.O. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN- 784176.
4:THE CIRCLE OFFICER BISWANATH REVENUE CIRCLE P.O. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN- 784176 Advocate for the Petitioner : MR. R P HAZARIKA Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
['R P HAZARIKA', '', 'A RAJKHOWA', 'ASSTT S G I', '', 'D DAS r']
ORDER
21.06.2022 Heard Mr. R.P. Hazarika, learned counsel for the petitioners; Mr. R.K.D.
Choudhury, learned ASGI for the respondent No. 1; Mr. J. Roy, learned Senior counsel assisted by Ms. P. Nath, learned counsel for the respondent No. 2 and Ms. M. Barman, learned Government Advocate for the respondent Nos. 3 & 4.
2. This writ petition has been filed by the petitioners who claim to be the land owners within the District of Biswanath Chariali. All the petitioners claim to be farmers and have agricultural lands on which they cultivated within the same district.
3. The respondent No. 2/Company has been entrusted with the works of developing for distribution of laying down the gas pipelines in the entire Northeastern Region for supply to the residents of various localities including supply to industrial establishments.
4. The Government of India, Ministry of Petroleum and Natural Gas vide Notification dated 22.03.2021 vested the right of users of land for laying down pipeline from the date of publication of the declaration in the said Notification by the respondent No. 2/Company- Indradhanush Gas Grid Limited (IGGL), a Joint Venture Company of Indian Oil Corporation Limited (IOCL), Oil and Natural Gas Limited (ONGCL), Gas Authority of India Limited (GAIL), Oil India Limited (OIL)
and Numaligarh Refinery Limited (NRL) for implementation of the Northeast Gas Grid Project consisting of an approximate 1656 KM gas pipeline.
5. The grievances of the petitioners are that in the process of laying down of the gas pipelines, portions of their lands were utilized for laying of the pipelines by the respondent No. 2 Company. The petitioners are aggrieved by the fact that no notice prior to laying down of such pipelines were issued to them nor any compensation for use of their lands have been granted to them.
6. The learned counsel for the petitioners referring to Page-18, Annexure-2 of the writ petition submits that the respondent No. 2 issued Notice to the petitioner No. 1 on 03.01.2021 to be present on 06.01.2021 for hearing his objections at the venue mentioned in the Notice. It is submitted that although the Notice was served on the petitioner and he had appeared on the notified date at the venue mentioned and ventilated his grievances/objections before the Competent Authority, however, no order was communicated to the petitioner.
According to the learned counsel for the petitioners to the best of the knowledge of the petitioners, no order as required under Petroleum and Mineral Pipeline Act, 1962 has been passed by the Competent Authority. Being aggrieved, he approached this Court seeking a direction to fix the quantum of compensation required to be paid to the petitioners within a specified period and in alternative to stop the construction work from their lands.
7. Mr. J. Roy, learned Senior counsel appearing for the respondent No. 2 objects to the contentions made by the petitioners. Mr. Roy refers to the affidavit-in-opposition filed on behalf of the respondent No. 2 to submit that the Competent Authority has already determined the compensation payable to the petitioners and in terms of the communication made by the Competent Authority, the Deputy Commissioner, Biswanath Chariali vide the order dated
13.08.2021 has determined the compensation payable in respect of each village under each Revenue Circle under the Biswanath Chariali district through which the laying of the pipelines for the gas pipeline grid has been affected. Mr. Roy referring to the provisions of Section 10 of the Petroleum and Mineral Pipeline Act, 1962 submits that in respect of any grievances relating to compensation, under Section 10(2) of the said Act of 1962, a remedy lies before the concerned District Judge within the limits of whose jurisdiction the land or any part thereof is situated. In view of such statutory provision, Mr. Roy vehemently submits that this petition is not maintainable and the same should, therefore, be dismissed.
Mr. Roy has also referred to the Ord
