An application for removal of encroachments under Section 9 of the Petroleum and Minerals Pipelines Act, 1962, is maintainable when filed by the 'competent authority' as defined under Section 2(a), and findings of fact based on court-appointed local inspections are binding absent contrary evidence.

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Heard learned advocate for the petitioners and perused the record.

2. The present petition is directed against the judgment and order dated 19.03.2025 passed by the Civil Court in exercise of power under Section-9 of the Petroleum and Minerals Pipelines (Acquisition of Rights of Users in Land) Act, 1962 [in short referred as ‘The Act, 1962’]. It seems that the proceedings under Section-9 of the Act, 1962 were instituted before the Civil Court by moving an application by the competent authority for making an inquiry into the encroachments over the land-in-question over which the Right of User had been acquired by virtue of the provisions under the Act 1962.

3. A perusal of Section-9 of the Act, 1962 indicates that on an application moved by the competent authority, the District Judge within the local limits of whose jurisdiction the land acquiring Right of User is situated, is required to hold an inquiry and if it may deem fit after such inquiry, cause the structures/ building or encroachment be removed and the costs of removal of such structure is recoverable from the owner or occupier as if the costs were a decree made by the Court. Section-9 of the Act, 1962 relevant for our purposes is extracted herein under:-

“9. Restrictions regarding the use of land.—(1) The owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 6, shall be entitled to use the land for the purpose for which such land was put to use immediately before the date of the notification under sub-section (1) of section 3:

Provided that, such owner or occupier shall not after the declaration under sub-section (1) of section 6—

(i) construct any building or any other structure;

(ii) construct or excavate any tank, well, reservoir or dam;

or

(iii) plant any tree,

on that land.

(2) The owner or occupier of the land under which any pipelines has been laid shall not do any act or permit any act to be done which will or is likely to cause any damage in any manner whatsoever to the pipeline.

¹[(3) Where the owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 6,—

(a) constructs any building or any other structure, or

(b) constructs or excavates any well, tank, reservoir or dam, or

(c) plants any tree,

on that land, the Court of the District Judge within the local limits of whose jurisdiction such land is situate may, on an application made to it by the competent authority and after holding such inquiry as it may deem fit, cause the building, structure, reservoir, dam or tree to be removed or the well or tank to be filled up, and the costs of such removal or filling up shall be recoverable from such owner or occupier in the same manner as if the order for the recovery of such costs were a decree made by that Court.]”

4. A perusal of the said provision indicates that with the declaration made under Sub-section (1) of Section-6, the Right of User in the land specified in the notification under Section-6(1) shall vest absolutely in the Central Government free from all encumbrances. The restriction regarding the use of such land is provided in Section-9 which mandates that such land can be put to use by the owner or occupier as per the use immediately before the date of notification under Sub-section (1) of Section-3.

Proviso to Sub-section (1) of Section-9 further puts a rider on any construction of an