Page No.# 1/4 vs The Union Of India And 5 Ors on 21 January, 2025

Gauhati High Court

Page No.# 1/4 vs The Union Of India And 5 Ors on 21 January, 2025

                                                                       Page No.# 1/4

GAHC010086562021




                                                                undefined

                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/3036/2021

         GAUTAM SAIKIA AND ANR.
         S/O. LT. PARAMANANDA SAIKIA, R/O. L. K. ROAD, KALIBARI, P.O., P.S.
         TEZPUR, DIST. SONITPUR, ASSAM, PIN-784001, ASSAM.

         2: AJITA SAIKIA
         W/O. LT. PARAMANANDA SAIKIA
          R/O. L. K. ROAD
          KALIBARI
          P.O.
          P.S. TEZPUR
          DIST. SONITPUR
         ASSAM
          PIN-784001
         ASSAM

         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF PETROLEUM
         AND NATURAL GAS, SHASTRI BHAWA, NEW DELHI-110001.

         2:INDRADHANUSH GAS GRID LTD.

          REP. BY ITS CHIEF EXECUTIVE OFFICER
          HAVING ITS CORPORATE OFFICE AT CENTRAL MALL
          5TH FLOOR
          CHRISTIAN BASTI
          G.S. ROAD
          GUWAHATI-781005
          KAMRUP (M)
          ASSAM.

         3:THE COMPETENT AUTHORITY
          INDRADHANUSH GAS GRID LTD. HAVING ITS CORPORATE OFFICE AT
                                                                                       Page No.# 2/4

             CENTRAL MALL
             5TH FLOOR
             CHRISTIAN BASTI
             G.S. ROAD
             GUWAHATI-781005
             KAMRUP (M)
             ASSAM.

             4:THE STATE OF ASSAM
              REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
              REVENUE AND DISASTER MANAGEMENT DEPTT.
              DISPUR
              GUWAHATI-781006
              KAMRUP(M)
             ASSAM.

             5:THE DY. COMMISSIONER

             SONITPUR TEZPUR
             ASSAM
             PIN-784001.

             6:THE CIRCLE OFFICER
             THELAMORA REVENUE CIRCLE TEZPUR
              SONITPUR
             ASSAM
              PIN-784149

Advocate for the Petitioner    : MR. A CHAMUAH, MR M R ADHIKARI,MR. B KONWAR,MS D
DUTTA

Advocate for the Respondent : ASSTT.S.G.I., MR. D DOLEY,MR. A SARMA (R-2,3),MR H
KALITA (R-2,3),MR. K KALITA (R-2,3),GA, ASSAM




                                     BEFORE
                         HONOURABLE MR. JUSTICE KARDAK ETE

                                              ORDER

Date : 21-01-2025

Heard Mr. R.P. Sarmah, learned senior counsel assisted by Ms. S. Shankar, learned counsel for
the petitioners. Also heard Ms. B. Sarma, learned CGC for the respondent No.1; Mr. A. Sarma, learned
counsel for the respondents No.2 and 3; Mr. N. Goswami, learned counsel for the respondents No.5 and
6 and Ms. N. Bordoloi, learned counsel for the respondents No. 4.

Page No.# 3/4

2. By filing this petition, the petitioners have put to challenge to the notice under Section 3(1) and
6(1) of the Petroleum and Mineral Pipeline (Acquisition of Right of user in Land) Act, 1962 dated
12.08.2020 and 20.01.2021 issued by the Competent Authority (CA), Assam, for acquisition of land for
laying pipelines for transporting petroleum gas etc.

3. The petitioners claim to be the residents of Kalibari, Tezpur, district Sonitpur contend that they are
the owners of plot of land of Kheraj Miyadi land which falls under the Thelamora revenue circle,
Mouza Borgaon, Dist Sonitpur, Assam, which has been inherited from their forefathers measuring 2
bighas 1 katha and 7 lechas (an area acquired by respondent)out of 6 bighas 4 kathas 16 lechas.

4. The respondents No.2 and 3 have acquired the land from several land owners situated at the same
locality for laying down pipelines for transporting petroleum gas or minerals. To that effect, the
impugned notices were issued to the petitioners under Section 3(1) and 6(1) of the Petroleum and
Mineral Pipeline (Acquisition of Right of user in Land) Act, 1962 for acquisition of the aforesaid land.

5. Mr. R.P. Sarmah, learned senior counsel for the petitioners submits that although the challenge
was against the acquisition of the land of the petitioners, in view of the fact that the land has already
been acquired, the respondents authorities be directed to pay the compensation in accordance with law.

6. Mr. A. Sarma, learned counsel for the respondents No.2 and 3 submits that the respondents are
always ready to pay the compensation. However, in view of non-submission of required documents by
the petitioners, the process of compensation could not be completed for payment to the petitioners. As
and when the petitioners submit the required documents, the same shall be processed and pay the
compensation in accordance with the law.

7. Having considered the submissions of the learned counsel for the parties and the matter in its
entirety, I am of the view that it would be appropriate if a direction is given to the respondent
authorities particularly to the respondents No.2 and 3 to consider the case of the petitioners as
concededly the land in question has already been acquired and the proposed pipeline has already been
laid through the land of the petitioners.

8. Accordingly, the petitioners are directed to submit the requisite documents before the respondents
No.2 and 3 within a period of 15 (fifteen) days from today and thereafter, the respondents No.2 and 3
shall process and complete the same within a period of 2 (two) months from the date of receipt of the
requisite documents of the petitioners and pay the compensation as may be entitled to the petitioners
within a further period of not later than 2 (two) months.

Page No.# 4/4

With the above observation and direction, the writ petition stands disposed of.

JUDGE

Comparing Assistant