PENDRU SRIMATHI Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The present Writ Petition came to be filed seeking issuance of a writ of mandamus declaring the action of the respondents in proposing to lay the natural gas pipeline through the lands of the petitioners in Sy.Nos.230, 244, 244/A and 246 situated at Puttapaka village, Manthani Mandal, Peddapally District without issuing any notice, as illegal and improper and consequently direct the respondents to change the alignment of the proposed gas pipeline to other Government lands.

(2.) The petitioners claim to be the owners and possessors of the above land, eking out their livelihood by doing cultivation in the said land. It is said that without issuing any notice and without taking consent of the writ petitioners, the respondents have commenced laying of a pipeline through the lands of the petitioners and others. The action of the respondents in laying the pipeline without following due process of law is subject matter of challenge herein.

(3.) The affidavit filed in support of the Writ Petition itself is silent as to the violation of the provisions of law. Taking a clue from the averments in the counter, the learned counsel for the petitioners mainly submits that the violation is in respect of the procedure contemplated under the Petroleum and Minerals Pipeline Act, 1962 (for short "the Act"). The main argument of the learned counsel for the petitioners is that though notification under Sec. 3(1) of the Act was issued on 07.06.2014, the notification under Sec. 6 (3) of the Act came to be made beyond a period of one year, whereby the entire proceedings get vitiated. It is further stated that after issuance of notice under Sec. 3