Prabhakar Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8424 of 2018 ====================================================== Prabhakar Kumar son of Late Chankya Prasad Singh, resident of Village and P.O. Aunta, P.S. Hathidah, District- Patna.

... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Chairman, Gas Authority of India Limited, GAIL BHAWAN, 16, Bhikaji Cama Place, New Delhi 110066 3.

The Competent Authority Bihar, Gas Authority of India Limited, Project Construction Office Hotel 4.

The Project Incharge, Jagdishpur Haldia Gas Pipeline Project, having its Construction Office at Hot ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajan, Adv.

For the Respondent/s :

Mr.Uday Bhan Singh, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 30.4.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s: "For restraining the Respondents in laying down Gas pipeline adjacent to the wall or through the residential houses as well as appurtenant to dwelling houses and place of warship (Contrary to the proviso of section 7(a)(b)(c) of the

Patna High Court CWJC No.8424 of 2018(2) dt.06-01-2020 2/3 Petroleum and minerals Pipelines (Acquisition of Right user in land) Act 1962 in Maranchi village (Revenue Thana-19).

For restraining the Respondents in laying down pipeline through the Green Vegetation area of the village without making alternative arrangement of vegetation in the village to save the environment and ecology of the village.

For directing the respondents to give proper compensation to the Land holders for the lands which they are using without notification under 3(1) & 6(1) of the Act, after destroying the crops in land.

For directing the Respondents to lay pipes through 100 Mt. North from the present alignment where several acres of unused Govt. land."

Undisputedly, during the pendency of the present petition, the work of laying down pipeline already stands completed. As such, the present petition has lost its efficacy. Learned counsel points out that, perhaps, the issue of grant of adequate compensation remains pending. Well, if this is so, it is always open for each one of the claimants to take recourse to such alternative remedies as are otherwise available in accordance with law. We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law,

Patna High Court CWJC No.8424 of 2018(2) dt.06-01-2020 3/3 before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U