Amandeep Singh and Another vs Union of India and Others

Ajay Kumar Mittal, J.—The petitioners in the present petition filed under Articles 226/227 of the Constitution of India are seeking quashing of action of respondents No. 1 to 4 whereby they have initiated the process of excavation for laying gas pipeline on Bhawna-Dadri-Nangal, on the land of the petitioners. According to the learned counsel, the same is being done without issuing any notice u/s 3(1) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land), Act, 1962. A further writ of mandamus has been sought for directions to respondents No. 1 to 4 to re-route the gas pipeline from Bhawna-Dadri-Nangal so as to exclude the land of the petitioners and a further prayer has also been made to lay the gas pipeline straight through the land of respondent No. 5. On a query being put to learned counsel for the petitioners as to whether the petitioners have approached the concerned authorities at the first instance with regard to their grievances raised in this petition.

Learned counsel admitted that no such representation has been filed by the petitioners. He, however, states that the present petition be disposed of and a liberty may be granted to the petitioners to file such a representation with the concerned authorities, who may be directed to decide the same in some time-bound frame. After hearing learned counsel for the petitioners, perusing the petition and without expressing any opinion on the merits of the case, the present petition is disposed of by granting liberty to the petitioners to approach the concerned authority with regard to their grievance as raised in this petition. It is, however, made clear that in case any such representation is filed by the petitioners, the concerned authority shall look into the same and pass a speaking order thereon in accordance with law expeditiously after affording an opportunity of hearing to the affected parties.