2025:JHHC:27544 IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No.108 of 2024 ---- Augustina Bara @ Smt. Augustina Soreng aged about 74 years, wife of Late Marianus Soreng, resident of 43, Bosco Nagar, Hesag, P.O.-Hatia, P.S.- Jagannathpur, District-Ranchi, Jharkhand. …. …. Petitioner(s) Versus 1. Union of India. 2. The Ministry of Petroleum and Natural Gas through its Secretary, Government of India, Shastri Bhavan, P.O. – New Delhi, P.S.-New Delhi, New Delhi -110001 (India). 3. GAIL (INDIA) Limited, through its Chairman-cum-Managing Director, GAIL Bhawan, 16 Bhikaji Cama Place, R.K. Puram, P.O.+P.S.- R.K. Puram, New Delhi – 110066. 4. The General Manager, GAIL (India) Limited Eastern Region Head Quarter, 5th Floor, East Block, Mecon Head Office Complex, P.O.+P.S.- Doranda, Doranda, Ranchi, Jharkhand-834001. 5. The Competent Authority, GAIL (India) Limited, Eastern Region Head Quarter, 5th Floor, East Block, Mecon Head Office Complex, P.O.+P.S.- Doranda, Ranchi, Jharkhand-834001. …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Shashikant Ojha, Adv. For the UOI : Mr. Anil Kumar, ASGI For the GAIL : Mr. Rajesh Kr. Shandilya, Adv. Mr. Amrit Raj Kisku, Adv. ---- 06/Dated: 10th September, 2025 1. The present writ petition has been filed for the following reliefs:- “(i) For issuance of appropriate writ(s)/order(s)/direction(s) particularly writ in the nature of a mandamus commanding upon the respondents and directing them either to grant appropriate compensation to petitioner as respondents had spreaded (constructed) a pipeline on the raiyati land of the petitioner under Mouza Kutiyatu Thana No. 330 Khata No. 19, Plot No. 1518, area 25 decimal without acquiring the land in accordance with the provisions of land Acquisition Act 1894, or to vacate the land of the petitioner. (ii) For issuance of appropriate writ(s) /order(s)/direction(s) in the nature of prohibition commanding upon the respondents and directing them not to make further construction on the plot no. 1518 of the said land description.” Page | 2 W.P. (C) No.108 of 2024 2. The description of the land is as follows:_ “Land measuring area 25 decimal under Mouza – Kutiyatu, Thana No.330 Khata No.19, Plot No.1518” 3. Section-10 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 is relevant which is quoted hereinbelow:- “10. Compensation.—(1) Where in the exercise of the powers conferred by section 4, section 7 or section 8 by any person, any damage, loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be, or is being, or has been laid, the Central Government, the State Government or the corporation , as the case may be , shall be liable to pay compensation to such person for such damage, loss or injury , the amount of which shall be determined by the competent authority in the first instance. (2) If the amount of compensation determined by the competent authority under sub-section (1) is not acceptable to either of the parties, the amount of compensation shall, on application by either of the parties to the District Judge within the limits of whose jurisdiction the land or any part thereof is situated, be determined by that District Judge. (3) The competent authority or the District Judge while determining the compensation under sub-section (1) or sub-section (2), as the case may be, shall have due regard to the damage or loss sustained by any person interested in the land by reason of— (i) the removal of trees of standing crops, if any, on the land while exercising the power under section 4, section 7 or section 8; (ii) the temporary severance of the land under which the pipeline has been laid from other lands belonging to, or in the occupation of, such person; or (iii) any injury to any other property, whether movable or immovable, or the earnings of such persons caused in any other manner: Provided that in determining the compensation no account shall be taken of any structure or other improvement made in the land after the date of the notification under sub-section (1) of section 3. (4) Where the right of user of any land has vested in the Central Government, the State Government or the corporation , the Central Government, the State Government or the corporation , as the case may be, shall, in addition to the compensation, if any, payable under sub-section (1), be liable to pay to the owner and to any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such vesting, compensation calculated at ten per cent. of the market value of that land on the date of the notification under sub-section (1) of section 3. (5) The market value of the land on the said date shall be determined by the competent authority and if the value so determined by that authority is not acceptable to either of the Page | 3 W.P. (C) No.108 of 2024 parties, it shall, on application by either of the parties to the District Judge referred to in sub-section (2), be determined by that District Judge. (6) The decision of the District Judge under sub-section (2) or sub-section (5) shall be final.” 4. Pursuant to the order dated 20th August, 2025, Mr. Bir Prakash Prasad, Competent Authority, Mr. Ashok Kumar Jha, C.O. and Mr. Shashank Kumar, Law Officer, GAIL, are present before this Court and have assured that the compensation amount of Rs.2,91,100/- will be disbursed within three weeks from the date the necessary formalities are be completed. 5. Learned counsel for the petitioner has assured this Court that the required formalities will be completed within a week. 6. It is explicitly stated that the petitioner’s acceptance of the payment is under protest, meaning, she retains her right to file an application under Section 10(2) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 and such application can be made before the concerned District Judge, likely for claiming further compensation or objecting to the compensation offered. 7. With above observation and direction, the present writ petition stands disposed of. (Rajesh Kumar, J.) Amar/- Uploaded