B.Vanajakshi v. Land Acquisition Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2022 Coram The Honourable Mr.Justice Krishnan Ramasamy W.P.No.32025 of 2018 and W.M.P.Nos.37282 and 37283 of 2018

1. B. Vanajakshi

2. D.Gowri

3. Suresh Kumar Bathala

...Petitioners

Vs.

The Authorized Officer, Indian Oil Corporation Limited, ATF, CBPL, CBRT & ET LPG Pipeline Projects, Plot No.14, Jayaprakash Street V.G.P.Nagar Rajajipuram, Tiruvellore- 602 001.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records of the respondent, relating to his impugned order ETBPNMTPL : O.P : 282/2018 (Thiruvallur Dt) dated 24.10.2018, and to quash the same and consequently, to direct the respondent to consider an alternate land for the laying of pipelines carrying natural gas under the project scheme ETBPNMTPL from Ennore to Tuticorin.

For Petitioners : Mr.T.Gowthaman For Respondent/s : Dr.S.S.Swaminathan

O R D E R

The petitioner has filed this Writ Petition seeking to quash the impugned order passed by the respondent, dated 24.10.2018, and consequently, to direct him to consider an alternate land for the laying of pipelines carrying natural gas under the project scheme ETBPNMTPL from Ennore to Tuticorin.

2. When the matter is taken up for hearing today, the learned counsel appearing for the respondent submitted that,

nothing survives for adjudication in this Writ Petition, as, already the petitioner's land has been acquired with right to use the land, pipelines have been laid, and whatever compensation needs to be paid has been paid to the petitioner.

3. The learned counsel appearing for the petitioner fairly submitted that, as stated by the learned counsel for the respondent, petitioner's land has been acquired and pipelines have already been laid, however, the learned counsel raised a doubt with regard to the disbursement of compensation and hence, prayed for a direction of this Court, in case, the compensation has not been paid to the petitioner, the same may be directed to be paid within the time, as stipulated by this Court.

4. Though the prayer sought for in this Writ Petition has become infructuous, considering the submission made by the learned counsel for the petitioner with regard to the payment of compensation, this Court directs the respondent to pay the compensation to the petitioner, for having acquired the land with 'right to use the land', within a period of eight weeks from the date of receipt of a copy of this order, if the same has not been paid sofar.

5. With the above direction, the Writ Petition stands disposed of . No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar sd To The Authorized Officer, Indian Oil Corporation Limited, ATF, CBPL, CBRT & ET LPG Pipeline Projects, Plot No.14, Jayaprakash Street V.G.P.Nagar Rajajipuram, Tiruvellore- 602 001.

+1cc to Dr.S.S.Swaminathan, Advocate, S.R.No.169 +1cc to Mr.T.Gowthaman, Advocate, S.R.No.502 W.P.No.32025 of 2018 GPL[co] NSK 07/02/2022