Bharati Basumatary and Anr v. The Union of India and 3 Ors

ORDER

24.05.2023

Heard Mr. P. Upadhyay, learned counsel appearing on behalf of the petitioners. Mr. K. Kalita, learned counsel appears on behalf of the respondent nos.3 & 4. None appears for the Union of India as well as for the Ministry of Petroleum on call.

¶2The petitioners have challenged the Notification dated 20.01.2021 issued by the Ministry of Petroleum and Natural Gas in exercise of the powers under Section 6(1) of the Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as "Act of 1962". The entire case of the petitioners hinges upon that there was no compliance to Section 5 of the said Act of 1962 as an opportunity of hearing was not given to the petitioners. Page No.# 3/4

¶3It appears from the record that a preliminary affidavit-in-opposition was filed by the respondent nos.3 & 4. In the said affidavit-in-opposition, it has been specifically mentioned that pursuant to the objection so filed by the petitioners herein, due notices were issued by the competent authority on 08.10.2020, thereby fixing the matter on 14.10.2020. However, in the case of the petitioner no.1, his brother and in the case of the petitioner no.2 himself after having received the said notices did not appear before the competent authority. It is under such circumstances, the competent authority have therefore passed reasoned orders on 19th November, 2020 as would appear from Annexure-5 & 6 of the said preliminary affidavit-in-opposition. Under such circumstances, the question of violation of Section 5 of the Act of 1962 does not arise.

¶4The learned counsel for the petitioners however submits that as the petitioners are entitled to compensation as have been stated in the orders dated

19.11.2020 enclosed as Annexure-5 & 6 to the preliminary affidavit-in-opposition, the authorities should pay the compensation to which the petitioners are entitled.

¶5The learned counsel appearing on behalf of the respondent nos.3 & 4 submits that if till date the compensation has not been paid, the same shall be duly paid as expeditiously as possible in accordance with the provisions of the Act of 1962.

¶6Taking into account the above, this Court therefore, finds no ground to interfere with the Notification dated 20.01.2021, subject to the observations Page No.# 4/4 that the petitioners would be entitled to compensation. This Court directs that if the compensation have not yet been paid, the same be paid as expeditiously as possible upon the petitioners furnishing the necessary documents in that regard.

¶7In view of the above directions and observations, the writ petition stands disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010168142021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5585/2021o BHARATIoBASUMATARYoANDoANRo D/OoBHABAoKANTAoBASUMATARY,oR/OoVILL-LURI,oP.O.-NARTAP,oP.S.- SONAPUR,oDIST-KAMRUP(M),oASSAM 2:oRAJINoBORO oS/OoGOPALoBORO oR/OoVILL-LURI oP.O.-NARTAP oP.S.-SONAPUR oDIST-KAMRUP(M) oASSAo VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo MINISTRYoOFoPETROLEUMoANDoNATURALoGASoOFoTHEoGOVERNMENToOF INDIA,oA-WING,oSHASTRIoRAJENDRAoPRASADoROAD,o110001,oAZADo BHAWANoRD,oIPoESTATE,oNEWoDELHI-110002 2:THEoUNDERoSECRETARY oMINISTRYoOFoPETROLEUMoANDoNATURALoGASoOFoTHEoGOVERNMENTo OFoINDIA oA-WING oSHASTRIoRAJENDRAoPRASADoROAD o110001 oAZADoBHAWANoRD oIPoESTATE oNEWoDELHI-110002 3:THEoCOMPETENToAUTHORITYo(ASSAM) oINDRADHANUSHoGASoGRIDoLIMITEDo(IGGL) oINDUSTRYoANDoCOMMERCEoDEPARTMENT oBLOCK-D o3RDoFLOOR Page No.# 2/4 ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM-781006 4:THE INDRADHANUSH GAS GRID LIMITED (IGGL) INDUSTRY AND COMMERCE DEPARTMENT BLOCK-D 3RD FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM-78100 Advocate for the Petitioner : MR P UPADHYAY Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH