KOMALAVALLY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to declare that respondents cannot acquire the right of user in land without serving on the affected person a copy of the order passed under Sec.5(2) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 [hereinafter called, Act 1962], and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioners are the co-owners of properties situate in Survey Nos.357/1, 357/4 and 357/5 of Thekkumkara Village in Mukundapuram Taluk of Thrissur District. First petitioner is the owner of property in Survey No.356/3 of the same village.

(3.) The Ministry of Petroleum and Natural Gas, Government of India issued notification No.S.O.2343(E) in the Extraordinary Gazette of India, dated 11.10.2011, under Sec.3 (1) of the Act to acquire right of user in land in various survey numbers situated in different Villages of Thrissur District. The purpose is to lay Kochi - Koottanad - Mangalore - Bangalore Gas pipeline for the 2nd respondent. Properties of the petitioners mentioned above were also included in the notification. Third respondent, who is the Competent Authority, notified under Sec.2(a) of the Act, issued notice to the 1st petitioner intimating about the Government of India notification for acquisition of land, evident from Ext.P1. First petitioner submitted objection before the competent authority on 26.09.2012, evident from Ext.P2. Ext.P2 was submitted through post with acknowledgement due, evident from Ext.P3.