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