LANDMARK INFRACON P LTD Vs. U O I

JUDGEMENT

(1.) The petitioner has challenged the action of the respondent to lay down the pipelines for carriage of petroleum products through various plots of land of the petitioner and has sought a prohibition in laying down the pipelines in the manner as proposed by the respondents and to rationalize laying down the pipeline so as not to obstruct the petitioner from beneficial use and enjoyment of his land and to consider an alternative proposal as given by the petitioner for laying down the pipelines and quash the notification of right of user of certain areas of the land of the petitioner in plots bearing Khasra Nos. 753, 758, 759, 761, 763, 764, 765, 778/2, 793, 794 and 795 in Village Rajokri, New Delhi.

(2.) After the petition was filed by the petitioner, a Local Commissioner was appointed by the Order dated 16th November, 2005 to visit the site and submit report as to whether pipelines had been laid or only certain preparatory steps had been taken. The Local Commissioner appointed by the Court gave a report dated 18th November, 2005 observing inter alia that more or less work was done almost the entire length to different extent. While in some areas only trenches were dug whereas in other areas trenches were even covered after laying the pipes. There seems to be dispute with regard to laying of pipeline in Khasra Nos. 758, 759/1, 759/2, 793 and portion of 794.

(3.) The petition is contested by the respondents contending inter alia that as a result of the implementation of the Plans for the development of petroleum resources in the country, necessitating laying of petroleum pipelines in the country to serve as an efficient and cheap means of transport of distribution of petroleum and petroleum products has arisen. Though the land could be acquired under the Land Acquisition Act, 1894, however, it was considered appropriate to acquire the mere right of user of land for laying and maintaining the pipelines and accordingly the Petroleum and Mineral Pipelines (Acquisition of Land of User in Land) Act, 1962 was enacted empowering the Central Government to acquire the right of user in any land if it appears to the Government that it is necessary in the public interest to lay pipelines under said lands for transport of petroleum from one locality to another. The Act provides a detail procedure for acquisition of right of user for laying down the pipelines and use of the lands.