SURAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have sought quashing of the notifications dated 13th September, 1980 and 3rd January, 1981 (Annexure P.1 and P.2), under Section 3 of the Petroleum and Minerals Pipelines Act, 1962 (for short 'the Act'). The petitioners have also prayed that laying work of the pipelines through the land of the petitioners be stayed.

(2.) IT is pleaded by the petitioner that the Indian Oil Corporation is planning to lay the pipelines through the land of the petitioners allegedly on the basis of the aforesaid notifications. Earlier in the year 1981, the pipes were laid through the land of the petitioners and compensation in lieu of standing crop was paid to them, but again the respondents have sought to lay pipelines without payment of adequate compensation. It is pointed out that the petitioners have been paid meagre amount on account of destruction of their standing crop and that the petitioners have been cheated by the respondent Corporation. The petitioner have pleaded to the following effect : -

(3.) IN the written statement, it has been pointed out that the notifications Annexures P.1 and P.2 were issued under Section 3 of the Act. The declaration under Section 6(1) of the Act, was published on 13th June. 1981 and 22nd August. 1981. - vide notifications Annexures R.2/1 and R.2/2. The compensation for acquisition of right of way of the strip of 55' wide land, has been paid to the respective land owner during the period 1982 -83. It is also pointed out that the present pipeline is being laid adjacent to the existing pipelines in the same right of way in respect of which, declaration has been published in the year 1981. It is also pointed out that the pipeline has to be laid on 111 kilometers length, whereas the work pertaining to 105 kilometres stands completed barring the four villages, namely. Chulkana, Kiwana. Namonda and Dodhpur. It is also pointed out that compensation for right of user in land as well as for damage to the crops and trees for laying Mathura -Jalandhar Pipelines, has already been paid to the land owners and interested persons in pursuance of the Award Annexure R..2/3 under Section 10 of the Act. It is averred that payment of land compensation is not contemplated as the same has been paid in pursuance of the Award Annexure R.2/3 whereas crop compensation shall be paid. It is also pointed out that some of the petitioners have taken crop compensation and in the land of some, even work has been completed, whereas in respect of the land of some land owners, the work has not been permitted to be completed.