PADAMA JALAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN terms of the order dated 5. 6. 2008 passed by this court and with the consent of the learned Counsel appearing for the parties, the prayer made seeking to quash the Notification (Preliminary) issued under Section 3 (1) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as 'the Act', for short)and the declaration made on 17. 8. 2007 under sub-section (4) of section 6 of the Act, the matter is taken up for consideration.

(2.) IN this writ petition, the petitioner has challenged the Notification issued by the 5th respondent - Indian Oil Corporation Limited through the Competent Authority under Section 3 (1) of the Act, insofar as the acquisition of the right of User in the land belonging to the petitioner for the purpose of laying a pipeline for transportation of petroleum products. By amending the writ petition, the Final Notification issued under Section 6 (4)of the Act is also challenged.

(3.) LEARNED Senior Counsel Sri Nagananda appearing for the petitioner submits that the right of User in the land for the purpose of laying pipelines can be acquired only after complying with the provisions contained under section 5 of the Act which provides for hearing of objections by providing an opportunity of being heard, either in person or by a legal practitioner. It is his submission that without providing any such opportunity, the land is sought to be acquired for the purpose of laying the pipelines. He draws the attention of the Court to the objections filed by the petitioner which is produced at Annexure-K and urges that omission to provide personal hearing to the petitioner has vitiated the acquisition proceedings.