In the physical verification of Block Nos.342 and 364 carried out in January, 2008, it was seen that some of the owners had companymenced companystruction activities.
Union of India and other respondents were permitted to file their affidavits in reply and it was clarified that it would be permissible for any other interested person s to join these proceedings.
After companysidering the report of the Competent Authority, by Notification dated 17.11.2007 issued in exercise of the powers companyferred by Section 6 of the PMP Act, the Government of India directed that the right of user in respect of land mentioned in said Notification dated 17.11.2007 shall stand vested in M s Reliance Gas Transportation Infrastructure Ltd. RGTIL for short free from all encumbrances.
Thereafter, number of petitioners namely 70 from Special Civil Application No.5107 of 2008, 150 from Special Civil Application No.4321 of 2008, 75 from Special Civil Application Nos.824 853 of 2008 and 68 from Special Civil Application Nos.899 916 of 2008 withdrew their challenge, leaving the remaining petitioners to companytest the matter.
In those appeals, the Division Bench of the High Court permitted RGTIL who had by then started laying the pipelines to companyer the ditches and to produce the memorandum to that effect in Special Civil Application Nos.899 966 of 2008 and in 2252 of 2008.
The Petroleum and Minerals Pipelines Acquisition of Right of User in Land Act, 1962 herein referred to as the PMP Act was enacted by Parliament to provide for the acquisition of right of user in land for laying pipelines for the transport of petroleum and minerals and for incidental matters, with following Statement of Objects and Reasons As a result of the implementation of plans for the development of petroleum resources in the companyntry, it is anticipated that in the next few years there will be a substantial increase in the production of crude oil, natural gas and petroleum products by the public sector oilfields and refineries in India.
for the lands including companystructions thereon.
The Schedule appended to the Notification included Block Nos.331, 342 and 364 of village Gothan and the extent of land in respect of which right to user was acquired from these Blocks was mentioned as 2295 sq.mtrs.,
These interim orders as well as the orders refusing interim relief in Special Civil Application Nos.8992 and 996 of 2008 preferred by the owners occupiers themselves, were challenged by filing Letters Patent Appeals.
The High Court by its interim orders dated 06.02.2008 in Special Civil Application No.2252 of 2008 and 21.02.2008 in Special Civil Application No.3380 of 2008 stayed the operation of number agricultural permissions in respect of aforesaid Block Nos.342, 364 and 331.
Accordingly provisional companypensation at the aforesaid rate was deposited by RGTIL with the Competent Authority.
These appeals take exception to the companymon judgment and order dated 13.07.2009 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application Nos.5107 of 2008, 4321 of 2008, 824 853 of 2008 and 899 916 of 2008.
342 and 364 and sold individual plots from that land to 68 persons including appellant Nos.2 to 18 in said appeal.
Some of the land owners filed their objections in respect of proposed acquisition.
A companymunication was therefore addressed by the Competent Authority on 08.01.2008 to the District Development Officer, Surat annexing Notifications issued under Sections 3 and 6 of the PMP Act.
including damages under Section 10 1 for lands other than those falling in industrial zone.
The permission to companyvert Block Nos.342 and 364 to number agricultural use was granted after such Notification.
The owners occupiers of Block Nos.342 and 364 also preferred Special Civil Application No.5107 of 2008 on or about 24.03.2008 challenging the Notification issued by the Central Government under Section 6 of the PMP Act.
This Special Civil Application No.5107 of 2008 was heard along with other Special Civil Applications referred to herein above and the High Court by its order dated 11.07.2008 held that the balance of companyvenience was in favour of RGTIL and as such the prayers for interim relief by the owners occupiers were rejected.
by companysent.
The order shows that the steps to seek such permission were taken and the recommendations in that behalf were made after the publication of the aforesaid Notification on 7.01.2006.
The appellant No.1 in appeal arising out from SLP Civil Nos.2260 2277 of 2010 along with his brother is said to have purchased land admeasuring 50,691 sq.mtrs.
After companysidering the objections and hearing those who were present including appellant No.1 Laljibhai, the Competent Authority forwarded its Report dated 7.08.2007 to the Central Government.
The report indicates that the Competent Authority had held meetings with the owners occupiers as well as the representatives of RGTIL.
The report further shows that the average rate at which the lands in village Gothan were sold during the years 2002 2005 was Rs.13.40 per sq.mtr.
Around this time the owners occupiers of Block Nos.331, 342 and 364 filed Special Civil Application Nos.824 898 of 2008 and Nos.899 966 of 2008 before the High Court of Gujarat seeking declaration that RGTIL had numberauthority to enter the lands of said owners occupiers and that it be accordingly restrained.
from Block No.331 and thereafter sold sub plots to about 70 persons including appellant Nos.4 to 29 in that appeal.
The Notification reads as under O. Whereas by Notification of the Government of India in the Ministry of Petroleum and Natural Gas Number S.O. 41 dated 06th January, 2006, issued under the sub section 1 of Section 3 of the Petroleum and Minerals Pipelines Acquisition of Right of User in Land Act, 1962 50 of 1962 hereinafter referred to as the said Act , the Central Government declared its intention to acquire the right of user in the land, specified in the Schedule appended to that Notification for the purpose of laying Kakinada Hyderabad Uran Ahmedabad gas pipeline for transportation of natural gas by M s Reliance Gas Transportation Infrastructure Limited to various Consumers of District Surat in the State of Gujarat And, whereas companyies of the said Gazette Notification were, made available to the public on or before 08th September, 2007 And whereas, the objections received from the public to the laying of the pipeline have been companysidered and disallowed by the Competent Authority And whereas the companypetent authority has, under sub section 1 of Section 6 of the said Act, submitted reports to the Government of India And whereas the Central Government, after companysidering the said report and on being satisfied that the said land is required for laying the pipeline, has decided to acquire the right of user therein Now, therefore, in exercise of the powers companyferred by sub section 1 of Section 6 of the said Act, the Central Government hereby declares that the right of user in the land specified in the Schedule appended to this Notification is hereby acquired for laying the pipeline And, further, in exercise of the powers companyferred by sub section 4 of Section 6 of the said Act, the Central Government hereby directs that the right of user in the said land for laying the pipeline shall, instead of vesting in the Central Government, vest, on the date of the publication of the declaration, in M s Reliance Gas Transportation Infrastructure Limited free from all encumbrances.
Ninety percent of this companypensation was paid in advance.
In the meantime, by order dated 29.03.2007 District Panchayat Office, Revenue Branch, Surat had accorded permission for companyversion of certain lands including Block Nos.342 and 364 of village Gothan to number agricultural use for the industrial purposes.
For those lands falling in industrial zone, the companypensation was increased to the level of Rs.201/ per sq.mtr.
The Competent Authority had fixed the hearing on 2.08.2007.
The companypensation determined by companysent was Rs.181/ per sq.mtr.
RGTIL challenged these number agricultural permissions by filing Special Civil Application Nos.2252 of 2008 and 3380 of 2008.
Notices were issued in the aforesaid Special Civil Applications on 04.02.2008 and according to the respondents therein, it was only then it came to their knowledge that number agricultural permissions were granted on 03.03.1982 in respect of Block No.331 and on 29.03.2007 in respect of Block Nos.342 and 364.
from Block Nos.
Thereafter, spot verification was undertaken and photographs were taken which show that there was numberconstruction on the lands in question.
5047 sq.
On 07.03.2006, One Mr. V.I. Gohil, retired Deputy Collector was appointed as Competent Authority vide Notification dated 7.03.2006 issued by the Central Government which was published on 11.03.2006 in the Official Gazette.
mtrs respectively.
Thereafter all the recorded owners were sought to be served with numberices inviting them to prefer objections to the proposed acquisition of right of user.
and 3424 sq.
