SUDHAKARAN NAYAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The Gas Authority of India Ltd. (GAIL for short) is engaged in the establishment of the "Kochi-Koottanad-Bangalore-Mangalore Gas pipeline", to facilitate which, a notification dtd. 3/9/2010 was issued under the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as 'PMP Act' for short), leading to the Right of User being acquired on the properties of the petitioners. It is without contest that the petitioners were granted eligible compensation under the "PMP Act" without much of delay.

(2.) While so, certain new notifications were issued to aid the same project and the Government of Kerala initially came out with a package of compensation, through G.O(Rt.)No.7325/2012/RD dtd. 29/12/2012, which was thereafter modified through G.O(Rt.)No.3195/13/RD dtd. 4/6/2013 - a copy of which is on record as Ext.P2 along with W.P(C)No.19957 of 2020. Subsequently, a further order was issued by the Government, bearing number G.O(Rt.)No.5165/2017/RD dtd. 1/12/2017, fixing the market value of the property for the purpose of computing compensation under the "PMP Act", as being ten times of its notified Fair Value.

(3.) On being informed of the afore notification - which shall hereinafter be referred to as the "2017 order" - the petitioners put forth a claim that they are also entitled to the benefits under the said order, even though their lands were acquired in the year 2010. When this was not acceded to, they have approached this Court through these writ petitions.