MD JAMIRUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Affidavit-of-service filed on behalf of the petitioner is taken on record.

(2.) This is a writ petition whereby challenge has been thrown to the steps taken by the authority in terms of relevant provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in land) Act, 1962 (hereinafter referred to as the said "Act of 1962"). The concerned respondent authorities issued notification under Sec. 3(1) of the said Act of 1962 for laying Gas Pipeline below the surface in between the Barauni and Guwahati. Respondent authorities are required to acquire the right of user of the land of the petitioner in terms of the relevant provisions of the said Act of 1962.

(3.) Mr. Chowdhury, learned advocate appears on behalf of the petitioner and submits that after the notification has been issued in terms of Sec. 3(1) of the said Act of 1962 an objection was raised; but in spite of lodging objection in terms of Sec. 5(1) the competent authority under the said Act of 1962 passed order without granting opportunity of hearing to the petitioner which is required under Sec. 5(2). Petitioner prays for consideration of the objection by the competent authority prior to taking decision on acquiring the right of user over the land of the petitioner under the scheme of the said Act of 1962.