435 1 tP CWPNo17159of2009 lj e IN TI HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No 17159of2009 DateofDecisionl December 2009 m SuratSinghand others Petitioners 0 0 Versus X t C Union ofIndia and others X na CORAM HONBLE MR JUSTICE HEMANT GUPTA HONBLE MR JUSTICE JORA SINGH ctj C0 1eWhether Reportersof local papers maybe allowed to see the am Z 2To be referredto the or not 5 3 Whetherthe should be in theDigest Om Presentl ShriNC SharmaAdvocate for the Shri Ashish KapoorAdvocate for No HEMANT GUPTA JOralle The have soughtquashing of the notifications dated 1391980 and 311981 lnnexures Pl and P2 under Section 3 of the Petroleum and Minerals PipelineAct 1962 for short the 1V ActOThe have alsoprayed thatlayingwork ofthe Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 436 4 CWP No 17159of2009 2j j theland ofthe bestayed It is pleadedby the that the Indian Oil is planning to laythe through the land of the on the basis of the aforesaidnotiflcationsEarlier ln theyear 1981 thepipes were laicl theland of the and in lieu of crop was paidto them but agan 0 the have soughtto lay without paymentof C It is pointed out that the havebeen C5 Z paidmeagre amount on account of destructionof their crop and that the have been cheatedby the The havepleaded to thefollowing effect tr 1 1 That the have been of 06 on account of acquisitionof right111 J lieu of usingtheir fertile lands and affecting their m Z fertilitybynot paying the m 1 0 of the market value of the land as provided 111 the Petroleum MineralsPipelines of Rightof User in Land Act 1962 Hence a huge scam has beenconductedbythe No2in order to cheatthe ers rightfrom Mathura Uttar Pradesh to Jalandhar Punjal fallingwithin the vicinityof theproject of No 2 knownas rv MathuraJalandharPipelineProject 93 The havealso alleged that the provisions of the Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 437 a CWP No 17159of2009 31 J Act have been violated as the declaration as under Sub Section3A of Section 60f the Act cannot be madealter theexpiryof three years from the date of of a notiflcation undersub section of Section 30f the Act Thereforeit was alleged that the notificationAnnexuresP1 andP2 are null and void andhave no legal 1 m value 0 In the written statement it hasbeen pointedout that the C notiflcationsAnnexuresPl andP were issuedunder Section30fthe C5 Act The declarafionunder Section6 of the Act was on Z 131981 and2281981 videnotications AnnexuresR211and R212 4 The for of rightof way of the stripof 55 wide land has beenpaidto the land owner during the period 0ti 1982m83It is also pointed out that the presentpipeline is beinglaid C0 adjacent to theexisting 111the same rightof way in respeotof m Z which declarationhas been published 111 the year 1981 It is also pointed out that the pipelinehas to be laid on 111 kilometreslength whereasthe work to 105 kilometresstands barringthe four villagesnamelyChulkana Kiwana Namonda DodhpurIt is also pointedout that for rightof user lIl land as well as for to the crops and trees for layingMathura JalandharPipelineshas already beenpaidto the land ownersand the interestedpersons in pursuance of the Award AnnexureR13 under Section 10 ofthe Act It is averredthatpaymentof land 1S not as the same has beenpaidin pursuanceof the Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 438 CWP No 17159of2009 41 lj Award Annexure R213 whereascrop shall bepaidIt is also pointedout that some of the have taken crop and in the landof some even work hasbeen whereasin respectof theland of some land owners the work has not been to be m In replyon meritsit hasbeenaverredthatrightof use has 0 C been vide notification AnnexuresPl and P2 and that as per 9 Sections7 and 80fthe Act the havefull rightto enter into and do necessarywork for the purposesof layingof pipelines Z rightofwayso acquired Before the contentionsofthe parties the schemeof the Act needs to be examined Under Section 30f the otj Act the CentralGovernmentCall lSSUe notiflcationto acquire theright CO of use in any land under which such maybe laid The brief Z ofthe landis required to be givenin suchnotificationThe 0 substanceof the notificationis to be published at such placeand lIl such manner as may be On of notificationunder Section3 of the Act it is lawful for any person authorisedby the Central government or by the StateGovernmentor the which proposes to lay pipelinesfor or any mineraland his servants and workmen to enter upon and survey the land lIl terms of Section 4 of the Act Section 5 V of fllingof to the acquisition of rightof user after the of notificationunder sub section to Section3 Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 439 Cl 4 CWP No 17159of2009 51 of the Act The decision on the shall be flnal lIl termsof Section 5 of the Act After the decisionon declaration underSection6 is andtherightof user in the aforesaidland is The relevantextractsofSection60fthe Act read as underl 6 Declarationofacquisitionofright ofuser m l Where n under submsectionll of 0 Section 5 have beenmadeto the competent C43 within the period therein or where the X 9 has disallowedthe X under subesection of that section that 1 shall as soon as may be either make a reportln respectofthe land describedin the notiflcationunder subesection ofSection3 or makedifferentreorts lll respectof different parcelsof such land to the otj CentralGovernment his recommendations on the with the record of the wmo held by him for the decision of that Z Governmentand upon receiptof such reportthe fl Central Govemmentshall if satisfledthatsuch land 1S requiredfor layingany pipelinesfor the transport of or any mineral declarebynotiflcation lll the Offlcial Gazette that the rightof user in the land for layingthe pipelineshould be acquired and differentdeclarationmay be madefrom time to time in respectof differentparcelsofthe land describedln the notiflcation lssued under sulsection of Section 3 of whether one report or differentreportshave beenmade bythe competent I1I underthis Section 2 On thepublication ofthe declarationundersub Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 440 V 0 CWP No 17159of2009 16 1J section l the rightof user lIl the land therein shall vest lIl the Central Governmentee om all encumbrances 93 After the declaration ofthe land under Section6 of the Act it is la11 for any person authorisedby the Central GovernmentStateGovernmentor to enter upon the land and lay pipelines or to do any other act necessary for layingof 0 0 ln terms of Section 70f the Act The land is to be usedonly X C for laying andfor maintenanceetc The relevantextracts of Z Section 70fthe Act readas under Z 7 Central Government or StateGovernment or to lay l Where therightof userin any land has vested otj lll the Centl Governmentor any StateGovernment Oo or underSection6 i it shall be lawful for any personauthorised mw Z by the Central Governmentor such State a Governmentor as thecase may be and his servantsandworkmento enter upon the land and lay or to do any other act for thelaying Providedthatno pipeline shall be laid underl Xx XX Xx ia9 for layingpipelinesfor the transportof it shall be lawful for any person authorised by the Central Government or to use such land for laying Ilv for any mineral and where the rightof user in any land has So Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 441 CWP No 17159of2009 71 vestedfor laying for any mineralwhich shall be lawful for suchperson to use such land for laying for of any other mineral and ii such land shall be used onlyfor layingthe 1 and for t alteringor any such 0 or for doinganyother act necessary C for any of the aforesaidpurposes or for the C utilizationof such X 2 If any dispute anses with regard to any matter t referredto lIl or ofthe provisoto cause Oof subsection the dispute shall be referredto the competentauthoritywhose decisionthereonshallbe final 99 08 Qo Section90f the Act restrictsthe use of land bythe owner 7 Z and occupier so as to construct any buildingor any other structure construct or excavate anytank well reservoir or dam or plantany tree on such land Section 10 of the Act deals with the for any damageloss or injurysustainedby anyperson interestedin the land underwhich thepipelines lS to be laid Sub section of Section 10 of the Act that if the amount of 1Snot the same shall be determinedby the District JudgeSub section of Section 10 that wherethe rightof user of Ilv anyland is vestedin the CentralGovernment StateGovernmentor the in addition to the 111sub section Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 442 1 CWP No 17159of2009 81 1 1 the CentralgovernmentStateGovemmentor the shall be liable to pay the owner and to any other person whose rightof in that land hasbeenaffectedin any manner whatsoeverby reason of such vesting calculatedat 10Ioof the market value of that land on the dateof notiflcationunder sub section of m Section30fthe Act Section 11ofthe Act dealswith thedeposit ofthe 0 C amount anddispute in respect ofthe amount C X From the of the partiesit that the notificationsAnnexuresP 1 andP2 are thenotiflcationsunderSection 3 of the Act The notifications under Section 6 of the Act are Annexures R211 dated 2631981 and R212 dated 2281981 Such 06 notiflcations declarethat therightof user ln the land in the Q0 7 schedule to the notification stands for layingthe Z The Award AnnexureR213has determinedthemarketvalue tl ofthe land on thedateofissue ofnotiflcationunder Section3 ofthe Act AnnexureR215 is theAward dated1882009 under Section10of theAct for paymentof of to crop ofRabi 2009 andKharif 2009 on account of carried out under Section 7 of the Act and temporary severance of the land due to layingdown of the A sum ofRs5661851 was arrived at as for thecrops Learned counsel for the hasproducedcopyof Roznamcha for theyear 198283 dated171982 to assert Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 443 r7 CWP No 17159of2009 91 tJ that of the land was handedover to the land owners on laying of thepipelines It is thus contendedthat once the hasbeenrestoredthe cannot use the landfor layingofthe without of the notiflcationsunder Sections3 and 6 of the Act and on paymentof determinedunder m 1 Section10 ofthe Act 0 Learnedcounselfor the hasargued thatrightto 0 X use stripof land 55 stands vide notiOcations C5 Annexures R211 and Annexures R212 in the year 1982 The for the rightto use suchland has beenpaidto the land ownersin terms of Award AnnexuresR213 Therefore once theright to usestands the land owners are entitledto the 0 for damage to the crop at any time It is contendedthat the C is beinglaid in theaforesaidstripof55 andthe vmo for to the crop has been assessedbythe competent 0m videAnnexuresRJS It is contendedthat if the land owners are not satisfiedwith the amount of theyare entitled to dispute the same as perthe manner providedunder the Act However the layingof the pipelines cannot be interferedwith as it 1S 111the larger publicinterest A perusalof the recordshowsthatrightof user of the strip of the land 55 vests with the Central Governmentand lIl Il favour of the Indian Oil The land owners have beenpaid in respectof such rightof 1 AnnexureR13 user vlae Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 444 lJl CWP No 17159of2009 101 l 1 J Since therightof user stands therefore theland owners are not entitledto any for of rightof user over the same land The to the crop has been vide Annexure R215 If the find that the amount of crop is theycan ralse dispute before the District JudgeHowever it 0 purposesof layingof pipelines till is determinedby the C X District Judgeandpaidto the land ownerSe C Sincetherightofuser ofthe land hasalready been bythe in the year 1981 therefore the are entitledto layanother over an area which was subject matter 0 of AnnexuresI1 and P2 and Rl andR The 05 are not justifiedin that another process is Qo to be by the for usingof the land for the 7 Z purposesof layingthe Such land standsalready for 0a the purposesof rightof user in theyear 1982 Copyofthe Roznamcha reliedupon bythe learnedcounselfor the in fact showsthat after laying surfacearea over the land in respect of which the haveacquiredrightof user revertedback to the land ownerSe Once the land has revertedback thenthequestion of damage to the crops will arise and by Vlrtue of Annexures R315 for to such crop hasbeenassessedIfthe are aggrieved againstsuch determinationof the amountof for to the crops theyare entitled to seek the Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 445 1 CWPNo17159of2009 111 same from the District JudgeBut we do not flnd that there is any or in the processof layingof bythe Hencethepresentwrit petition is dismissed c e 1 m 1 AT GUPTA j JUDGE 0 11 0 C JUDGE December 2009 ds 00 0 mwo Z Lt OlI 9J 1 1 9 Radhika 2014.04.12 13: 48 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document