High CourtsSingle Bench(2021) 08 TEL CK 0081

K. Sujatha And Another vs Union Of India And 2 Others

Telangana High Court · Decided on 31 August 2021

HON’BLE JUDGES
Abhinand Kumar Shavili, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 20438 Of 2021

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Judgment

8 paragraphs · 414 words
1.

This writ petition is filed for the following relief:

"....to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to lay the underground LPG pipeline through the middle of the agriculture land of the petitioners in Sy.No.524/E 555/A1/A2 at Gangapur village, Jadcherla Mandal, Mahabubnagar District, without following due process of law and by causing damage to the value of the land and also damage to the existing crop and without making the payment of the compensation as illegal, unlawful, contrary to law and consequently direct the respondents not to lay the LPG underground pipeline in the above land of the petitioners without following due process of law and not causing damage to the value of the land and also existing crop and pass such other order or orders which are necessary in the interest of justice."

2.

Heard Sri M.Damodar Reddy, learned counsel appearing for the petitioners, Sri Namavarapu Rajeshwara Rao, learned Assistant Solicitor General appearing for respondent No.1 and Sri B.Mayur Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3.

3.

Learned counsel appearing for the petitioners contended that the petitioners are owners of agricultural land to an extent of Ac.0-37 guntas in Sy.No.524/E1 and Ac.0-12 guntas in Sy.No.555/A1/2 situated at Gangapur Village, Jadcherla Mandal and without acquiring the land and without paying compensation, the respondents are laying underground pipeline in the middle of agricultural land of the petitioners.

4.

Learned Standing Counsel appearing for the respondents contended that as per Petroleum and Minerals Pipeline Act, 1962 (for short 'the Act'), the respondents are willing to pay compensation to the petitioners and to that effect, an order was already passed on 07.10.2020. Learned counsel further contended that if the petitioners approach the respondents, then the respondents will pay compensation to them.

5.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that this Writ Petition can be disposed of directing the petitioners to submit a fresh representation to the respondents staking their claim for compensation within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents shall pay compensation to the petitioners pursuant to the order dated 07.10.2020 within a period of four weeks thereafter.

6.

Accordingly, the Writ Petition is disposed of. No costs.

Pending Miscellaneous Petitions, if any, shall also stand closed.]