Satyendra Kumar Singh @ Satyendra Narayan Singh And ORS v. The Union Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21661 of 2018 ====================================================== 1.

Satyendra Kumar Singh @ Satyendra Narayan Singh and Ors son of Ram Sagar Singh @ Sagar Singh.

2.

Ram Bahal Singh @ Bahal Singh Son of Chotu Singh. 3.

Kapil Paswan son of Shyam Sunder Paswan.

4.

Sajiwan Paswan Son of Balki Paswan.

5.

Kamlesh Paswan Son of Hari Paswan.

6.

Mahendra Singh Son of Nandlal Singh. All are Resident of Village - Nigri, P.S. - Dobhi Sherghati, District - Gaya.

... ... Petitioner/s

Versus

1.

The Union Of India and Anr 2.

The Competent Authority, GAIL India Ltd, A Government of India Undertaking, Jagdishpur Haldia Ga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagjit Raushan, Advocate For the Union of India :

Mr. Uday Bhan Singh, Advocate For the Respondent No.2 :

Mr. Amrendra Nath Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-08-2024 Heard Mr. Jagjit Raushan, learned Advocate for the petitioner, Mr. Uday Bhan Singh, learned Advocate for respondent No.2 and Mr. Amrendra Nath Verma, learned Advocate for the Union of India.

2. The petitioners by filing the present writ petition seeking a direction upon the respondent not to lay gas pipeline over the petitioners' field without any valid land acquisition proceeding and notice to the land holder. The petitioners also sought for a direction to pay the appropriate award of

Patna High Court CWJC No.21661 of 2018(2) dt.22-08-2024 2/3 compensation in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. A counter affidavit has been filed on behalf of respondent No.2. Categorical submission has been made that the Ministry of Petroleum and Natural Gas, Government of India, issued a Gazette Notification No.1873 dated 12.07.2006, wherein the Government has intended to acquire the right of users of land in petitioners' village-Nigri, along with the other villagers, for laying the pipeline for Haldia-Jagdishpur by the GAIL India Limited. Objection was invited by the GAIL on 14.09.2016 at camp office. The notices were also served upon the petitioners under Section 3(1) P & MP Act and a copy was also sent to Mukhia of the Gram Panhchayat. The petitioners along with others have filed their objection. The objections have been considered and disposed off as per the provisions of law and a report was sent to the Ministry of Petroleum, Government of India, vide its notification No.3218 dated 10.10.2016 and accordingly, the respondents have acquired the right of users of lands of the petitioners.

4. In this regard, a notification has also been published on 19th October, 2016 in the Gazette of India. The

Patna High Court CWJC No.21661 of 2018(2) dt.22-08-2024 3/3 awards have already been granted to the petitioners and the lands have been handed over to the GAIL India Limited and accordingly, the GAIL has laid the pipeline on the lands of the petitioners. It is also the contention of the respondent that the awards have been prepared in favour of the petitioners and the other land owners as per provision of P & MP Act, 1962 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 vide Land Compensation Case No.365/2018.

5. Having gone through the averments made in the counter affidavit, this Court does not find any merit in the writ petition. However, it is needless to observe that the petitioners have remedy available under Section 10(2) of P & MP Act, 1962, if they have any grievance with regard to computation of award.

6. In view thereof, the writ petition stands disposed off with the liberty aforesaid.

(Harish Kumar, J) durgesh/- U