ICHCHAPUR INDUSTRIAL COOPERATIVE SOCIETY LIMITED Vs. COMPETENT AUTHORITY OIL AND NATURAL GAS COMMISSION

JUDGEMENT

(1.) Leave granted.

(2.) Whether water is a mineral within the meaning of Mines Act, 1952 read with Sec. 2(ba) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (For short "the Act") or not is the question raised by the respondent in this appeal.

(3.) The appellant owns Survey Plot Nos. 780, 781, 913/1, 914, 893, 918/223, 924/2, 923, 926 of Moja Ichchapur, Tehsil Choryasi, District Surat which were notified on 23-6-1983 under Sec. 3(1) of the Act. For acquiring the right of user in those plots to enable Respondent 2, namely, the Oil and Natural Gas Commission, in whom the rights were ultimately vested, to lay pipelines for transporting petroleum from one place to another, a notification was issued under Sec. 3(1) of the Act on 23-6-1983. This notification was followed by notification dated 16-1-1984 issued under Sec. 6(1) of the Act and the right of user in the aforesaid land stood acquired for laying the pipelines. It was also indicated in that notification that the right of user in the said lands shall, instead of vesting in the Central Government, vest in the Oil and Natural Gas Commission.