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Judgment
Heard Mr. A. Chamuah, learned counsel for the petitioners and Ms. B. Sarma, learned Central Government Counsel for the respondent No. 1. Also
heard Mr. A. Sarma, learned counsel for the respondent Nos. 2 & 3; Mr. J. Handique, learned Standing counsel, Revenue Department of the State
for the respondent No. 4 and Mr. K. Goswami, learned Additional Senior Government Counsel, Assam for the respondent Nos. 5 & 6.
Mr. A. Sarma, learned counsel, on instruction, has entered appearance in the matter on behalf of the respondent Nos. 2 & 3.
It is contended by the petitioners that their land at Patiya Pukhuri Gaon, Mouza-Borgaon under Thelamara Revenue Circle, district Sonitpur has been
taken over under the provisions of the Petroleum and Mineral Pipeline (Acquisition of Right of User in Land) Act, 1962 for the purpose of laying of
underground pipeline by Indradhanush Gas Grid Limited (IGGL), a Government of India undertaking, for the transportation of Natural gas.
Mr. Chamuah, learned counsel for the petitioners, relying on the provisions of the Section 7(1)(i) (a) of the said 1962 Act submits that the land which
was taken over immediately before the date of the notification under sub-section (1) of Section (3) used for residential purpose shall not be taken over
by the concerned authority.
Mr. Chamuah, learned counsel for the petitioners placing the Zamabandi of the concerned surveyed village pertaining to said Patiya Pukhuri Gaon of
Borgaon Mouza stated that the land in question is homestead land, and therefore, the respondent Nos. 2 and 3 cannot take over such residential land
of the petitioners under the provisions of the 1962 Act for the public purpose.
On instructions, Mr. Sarma, learned counsel for the respondent Nos. 2 & 3 submits that the pipeline over the land of the petitioners had already been
laid down for the said public purpose.
Issue notice, returnable by 27.07.2021.
As Ms. B. Sarma, learned CGC; Mr. A. Sarma, learned counsel; Mr. J. Handique, learned Standing counsel, Revenue Department of the State and
Mr. K. Goswami, learned Additional Senior Government Counsel, Assam have accepted notices on behalf of the respondent Nos. 1, 2 & 3, 4 and 5 &
6 respectively, no formal notice need to be issued to those respondents.
Petitioners shall serve requisite extra copies of this writ petition including the annexures appended thereto to Ms. B. Sarma, learned CGC; Mr. A.
Sarma, learned counsel; Mr. J. Handique, learned Standing counsel, Revenue Department of the State and Mr. K. Goswami, learned Additional Senior
Government Counsel, Assam on or before 23.06.2021, obtaining necessary acknowledgment from them in that regard.
The respondents shall file their affidavit(s) in the matter on or before 14.07.2021 and thereafter, petitioners shall file their reply(s), if any, on or before
23.07.2021.
On the next date fixed (i.e., 27.07.2021), the respondent Nos. 4 to 6 shall place the relevant records regarding acquisition of the land of the petitioners
under the provisions of the said 1962 Act involved in this writ petition.
List accordingly.