NUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition preferred under Article 226 of the Constitution of India, the petitioner has assailed a communication dtd. 15/11/2019, whereby, the petitioner has been notified to the effect that the construction of a pipeline would start at anytime over a plot of land covered by Dag no. 446 and Periodic Patta no. 7 ['the subject-plot', for short] located in Village - Katlapathar, Revenue Circle - Sarthebari, Mouza - Bhawanipur, District - Barpeta, as the Right of User over the subject-plot had been acquired by the Central Government in exercise of the powers conferred under Sec. 9[1] of the Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962.

(2.) The petitioner has claimed that he is the owner of the subject-plot. According to the petitioner, due procedure has not been followed to acquire the Right of User over the subjectplot and as such, the action contemplated under the communication dtd. 15/11/2019 is illegal and arbitrary.

(3.) Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. P.S. Deka, learned Standing Counsel, Revenue Department for the respondent no. 1; Mr. N. Goswami, learned Junior Government Advocate for the respondent nos. 2 and 3; and Mr. S. Mitra, learned counsel for the respondent no. 4.