MOHAN LAL SAGGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition, styled and stated to have been filed in public interest, assails the notifications dated 11.11.2010 and 16.06.2011 under Section 3(1) and notifications dated 26.03.2011, 31.05.2011 and 08.11.2011 under Section 6(1) of the Petroleum and Mineral Pipeline (Acquisition of Right of User of Land) Act, 1962 (for the sake of brevity, hereinafter referred to as the P & MP Act, 1962).

(2.) It is deemed apposite to point out, at the threshold, that the purpose of acquisition, vide notifications being assailed, was/is to lay out a pipeline for transportation of natural gas through Bawana-Nangal and spurs pipeline project in the State of Punjab, in public interest.

(3.) Briefly, what is set out in the petition is, that the petitioners are residents of Village Duley and Chubki, Tehsil and District Ludhiana. It is stated that respondents no. 1 to 6 have laid down a gas pipeline from Mathura Refinery to Refinery at Bathinda for supply of natural gas. To divert the natural gas towards Jalandhar, respondents no. 1 to 6 have set up a diversion in the agricultural land of Village Bhutta, as depicted at point-D in the master plan. It is stated that the master plan of Ludhiana was notified by the State of Punjab, vide drawing no. D.T.P. (L) 2/2008 dated 24.02.2008/24.07.2008, under the Punjab Regional and Town Planning and Development Act, 1995 (for the sake of brevity-PRTPD 1995 Act). It is averred that the gas pipeline is to pass through different villages such as Shankar-Ghawaddi-Bool-Kila Raipur-Asi Kalan, and in the master plan, these villages are depicted within the agricultural zone. The villages of the petitioners i.e. Duley and Chubki, which are also under acquisition, along with certain other villages, form part of a residential zone in the master plan.