Chief Manager, Gas Authority Of ... vs Beena
2021 Latest Caselaw 22542 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                           CRP NO. 270 OF 2020
    AGAINST THE ORDER IN OP 143/2018 OF ADDITIONAL DISTRICT COURT
                      KOZHIKODE- II, KOZHIKODE
REVISION PETITIONER/2nd RESPONDENT:

           CHIEF MANAGER,
           GAS AUTHORITY OF INDIA (GAIL), KINFRA HIGHTECH PARK,
           KALAMASSERY, HMT COLONY P.O, COCHIN-683 503
           BY ADV S.MOHAMMED AL RAFI


RESPONDENTS/PETITIONER AND 1ST RESPONDENT:

     1     NALINI, AGED 51 YEARS
           D/O. GOVINDAN, VADAKKEPARAMBIL HOUSE, MANASSERY P.O,
           KOZHIKODE-673 602
     2     THE DEPUTY COLLECTOR,
           COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD. (GAIL),
           KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF.HMT
           ROAD, HMT COLONY P.O, KALAMASSERY, KOCHI-683 503
           BY ADVS.
           SRI.K.M.JAMALUDHEEN
           SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
           LIMITED, SC,
           SMT.LATHA PRABHAKARAN


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CRP NO. 270 OF 2020 and connected cases
                                   2



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                           CRP NO. 259 OF 2020
    AGAINST THE ORDER IN OP 113/2018 OF ADDITIONAL DISTRICT COURT
                       KOZHIKODE- II, KOZHIKODE
REVISION PETITIONER/2ND RESPONDENT:

           CHIEF MANAGER, GAS AUTHORITY OF INDIA LTD (GAIL)
           KINFRA HIGH TECH PARK, KALAMASSERY, HMT COLONY P.O,
           COCHIN-683 503.
           BY ADV S.MOHAMMED AL RAFI
RESPONDENTS/PETITIONERS AND 1ST RESPONDENT:

     1     KOMALAVALLY, AGED 55 YEARS, W/O. VELAYUDHAN, KUNNUMMEL,
           MUKKAM P.O, KOZHIKODE DISTRICT-673602
     2     SAVITHA, AGED 34 YEARS, D/O. VELAYUDHAN, KUNNUMMEL,
           MUKKAM P.O, KOZHIKODE DISTRICT-673 602
     3     SREEJA,AGED 29 YEARS, D/O. VELAYUDHAN, KUNNUMMEL, MUKKAM
           P.O, KOZHIKODE DISTRICT-673 602
     4     THE DEPUTY COLLECTOR, COMPETENT AUTHORITY, GAS AUTHORITY
           OF INDIA LTD. (GAIL), KKBMPL PROJECT OFFICE, KINFRA HIGH
           TECH PARK, OFF. HMT ROAD, HMT COLONY P.O, KALAMASSERY,
           KOCHI 683 503
           BY ADVS.
           SRI.K.M.JAMALUDHEEN
           SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL(INDIA) LIMITED,
           SMT.LATHA PRABHAKARAN


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CRP NO. 270 OF 2020 and connected cases
                                  3



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                           CRP NO. 268 OF 2020
    AGAINST THE ORDER IN OP 111/2018 OF ADDITIONAL DISTRICT COURT
                      KOZHIKODE- II, KOZHIKODE
REVISION PETITIONER/2ND RESPONDENT:

           CHEIF MANAGER, GAS AUTHORITY OF INDIA LTD (GAIL)
           KINFRA HIGH TECH PARK, KALAMASSERY, HMT COLONY P. O.,
           COCHIN - 683 503.
           BY ADV S.MOHAMMED AL RAFI


RESPONDENT/ PETITIONER AND 1ST RESPONDENT:

     1     BIMAL KUMAR , AGED 39 YEARS
           S/O. BHASKARAN NAIR, VRINDAVANAM, PUNNAPURATH, MANASSERY
           P. O., KOZHIKODE - 673 602.
     2     THE DEPUTY COLLECTOR
           COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD. (GAIL),
           KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF. HMT
           ROAD, HMT COLONY P. O., KALAMASSERY, KOCHI - 683 503.
           BY ADVS.
           SRI.K.M.JAMALUDHEEN
           SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
           LIMITED, SC,
           SMT.LATHA PRABHAKARAN


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CRP NO. 270 OF 2020 and connected cases
                                  4



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                           CRP NO. 264 OF 2020
   AGAINST THE ORDERT IN OP 115/2018 OF ADDITIONAL DISTRICT COURT
                      KOZHIKODE- II, KOZHIKODE
REVISION PETITIONER/2ND RESPONDENT:

           CHIEF MANAGER,
           GAS AUTHORITY OF INDIA LTD. (GAIL), KINFRA HIGH TECH
           PARK, KALAMASSERY, HMT COLONY P.O.COCHIN-683 503.
           BY ADV S.MOHAMMED AL RAFI


RESPONDENTS/PETITIONER & 1ST RESPONDENT:

     1     BALAKRISHNAN,AGED 62 YEARS
           S/O THEYYAN, PARIKATHODIKAYIL , WEST MAMBETTA, MANASSERY
           P.O.KOZHIKODE DISTRICT-673 602.
     2     THE DEPUTY COLLECTOR,
           COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD (GAIL)
           KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF HMT
           ROAD, HMT COLONY P.O.KALAMASSERY,KOCHI-683 503.
           BY ADVS.
           SRI.K.M.JAMALUDHEEN
           SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
           LIMITED, SC,
           SMT.LATHA PRABHAKARAN


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CRP NO. 270 OF 2020 and connected cases
                                  5



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                           CRP NO. 269 OF 2020
    AGAINST THE ORDER IN OP 114/2018 OF ADDITIONAL DISTRICT COURT
                      KOZHIKODE- II, KOZHIKODE
REVISION PETITIONER/2ND RESPONDENT

           CHIEF MANAGER, GAS AUTHORITY OF INDIA LTD(GAIL)
           KINFRA HIGH TECH PARK, KALAMASSERY, HMT COLONY P.O.,
           COCHIN - 683 503.
           BY ADV S.MOHAMMED AL RAFI


RESPONDENTS/PETITIONER AND 1ST RESPONDENT:

     1     BEENA, AGED 49 YEARS
           W/O.ANILKUMAR, SARGAM, MANASSERY P.O., KOZHIKODE DISTRICT
           - 673 602.
     2     THE DEPUTY COLLECTOR
           COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD. (GAIL),
           KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF. HMT
           ROAD, HMT COLONY P.O., KALAMASSERY, KOCHI - 683 503.
           BY ADVS.
           SRI.K.M.JAMALUDHEEN
           SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
           LIMITED, SC,
           SMT.LATHA PRABHAKARAN


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CRP NO. 270 OF 2020 and connected cases
                                  6



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                           CRP NO. 277 OF 2020
    AGAINST THE ORDER IN OS 112/2018 OF ADDITIONAL DISTRICT COURT
                      KOZHIKODE- II, KOZHIKODE
REVISION PETITIONER/2ND RESPONDENT:

           CHIEF MANAGER,
           GAS AUTHORITY OF INDIA LTD (GAIL), KINFRA HIGH TECH PARK,
           KALAMASSERY, HMT COLONY P O, COCHIN - 683503.
           BY ADV S.MOHAMMED AL RAFI


RESPONDENTS/PETITIONER AND 1ST RESPONDENT:

     1     K.V.NARAYANAN NAIR,AGED 75 YEARS
           S/O. UNNYATHA AMMA, KEERIPOYIL, MANASSERY PO, KOZHIKODE
           DISTRICT - 673602,
     2     THE DEPUTY COLLECTOR
           COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD(GAIL),
           KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF.HMT
           ROAD, HMT COLONY P O, KALAMASSERY, KOCHI - 683503.
           BY ADVS.
           SRI.K.M.JAMALUDHEEN
           SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
           LIMITED, SC,
           SMT.LATHA PRABHAKARAN


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CRP NO. 270 OF 2020 and connected cases
                                  7



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                           CRP NO. 317 OF 2020
   AGAINST THE ORDERT IN OP 159/2018 OF ADDITIONAL DISTRICT COURT,
                  KOZHIKODE , KOZHIKODE, KOZHIKODE
REVISION PETITIONER/2ND RESPONDENT:

           CHIEF MANAGER
           GAS AUTHORITY OF INDIA LIMITED (GAIL), KINFRA HIGH TECH
           PARK, KALAMASSERY, HMT COLONY P.O., COCHIN-683503.
           BY ADV S.MOHAMMED AL RAFI


RESPONDENT/PETITIONER & 1ST RESPONDENT:

     1     DEVI AMMA, AGED 62 YEARS
           D/O.NARAYANI AMMA, POOMADATHIL HOUSE, POONATH PO.,
           NADAVANNUR (VIA), KOZHIKODE-673614.
     2     THE DEPUTY COLLECTOR,
           COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD(GAIL),
           KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK, OFF.HMT
           ROAD, HMT COLONY P.O., KALAMASSERY, KOCHI-683503.
           BY ADVS.
           SRI.K.M.JAMALUDHEEN
           SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
           LIMITED, SC,
           SMT.LATHA PRABHAKARAN


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CRP NO. 270 OF 2020 and connected cases
                                  8



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                           CRP NO. 315 OF 2020
    AGAINST THE ORDER IN OP 148/2018 OF ADDITIONAL DISTRICT COURT
                      KOZHIKODE- II, KOZHIKODE
REVISION PETITIONER/2ND RESPONDENT:

           CHIEF MANAGER, GAS AUTHORITY OF INDIA LIMITED (GAIL)
           KINFRA HIGH TECH PARK, KALAMASSERY, HMT COLONY P.O.,
           COCHIN-683 503
           BY ADV S.MOHAMMED AL RAFI


RESPONDENT/PETITIONER AND 1ST RESPONDENT:

     1     RAJESWARI ALIAS RAJESWARI SUKUMARAN
           W/O. SUKUMARAN, VADAKKE POKKITTATH HOUSE, (ASWATHI)
           MOLLADU POST, KOZHIKODE DISTRCT-673 614
     2     THE DEPUTY COLLECTOR,
           COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LIMITED
           (,GAIL), K.K.B.M.P.L., PROJECT OFFICE, KINFRA HIGH TECH
           PARK, OFF HMT ROAD, HMT COLONY P.O., KALAMASSERY,KOCHI-
           683 503
           BY ADVS.
           SRI.K.M.JAMALUDHEEN
           SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
           LIMITED, SC,
           SMT.LATHA PRABHAKARAN


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CRP NO. 270 OF 2020 and connected cases
                                  9



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
                           CRP NO. 316 OF 2020
    AGAINST THE ORDER IN OP 255/2018 OF ADDITIONAL DISTRICT COURT
                      KOZHIKODE- II, KOZHIKODE
REVISION PETITIONER/2ND RESPONDENT:
           CHIEF MANAGER, GAS AUTHORITY OF INDIA LIMITED (GAIL)
           GAS AUTHORITY OF INDIA LIMITED (GAIL), KINFRA HIGH TECH
           PARK, KALAMASSERY, HMT COLONY P.O., COCHIN-683503.
           BY ADV S.MOHAMMED AL RAFI


RESPONDENTS/PETITIONERS AND 1ST RESPONDENT:
     1     PADMINI AMMA, AGED 65 YEARS
           D/O.LAKSHMI AMMA, THOTTUKADAVATHU HOUSE, UNNIKULAM POST,
           KOZHIKODE DISTRICT-673574.
     2     LEELA AMMA,AGED 61 YEARS
           D/O.KARTHYAYANI AMMA, THOTTUKADAVATHU HOUSE, UNNIKULAM
           POST, KOZHIKODE DISTRICT-673574.
     3     DEPUTY COLLECTOR,
           COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LIMITED
           (GAIL), KKBMPL PROJECT OFFICE, KINFRA HIGH TECH PARK,
           OFF.HMT ROAD, HMT COLONY P.O., KALAMASSERY, KOCHI-683503.
           BY ADVS.
           SRI.K.M.JAMALUDHEEN
           SRI.AJITH KRISHNAN, SC, COMPETENT AUTHORITY, GAIL (INDIA)
           LIMITED, SC,
           SMT.LATHA PRABHAKARAN


     THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 CRP NO. 270 OF 2020 and connected cases
                                     10



                                 ORDER

Dated this the 18th day of November, 2021

The challenge in these Civil Revision Petitions is against the

order of the District Court enhancing the compensation awarded to

the respondents towards damages sustained and ten percent of

market value, consequent to the laying of pipeline through their land.

The singular contention raised by the petitioner is that the original

petitions for compensation filed by the respondents are pre-mature,

inasmuch as Section 10 of the Petroleum and Minerals Pipe Lines

(Acquisition of Right of User in Land) Act 1962, ('the Act' for short)

contemplates the determination of damages as well the market value,

initially by the Competent Authority, after which alone the claimants'

right to approach the District Court would arise. For the sake of

convenience Section 10 is extracted hereunder:-

Section 10: Compensation

Where in the exercise of the powers conferred by section 4, section CRP NO. 270 OF 2020 and connected cases

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 CRP NO. 270 OF 2020 and connected cases

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 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.

2. From a reading of Section 10(1) it is clear that the amount of

compensation due for the damages, loss or injury sustained by the

claimants has to be determined by the Competent Authority at the

first instance. As per Section 10(2), if the compensation so

determined is not acceptable to either of the parties, they can

approach the District Judge, within the limits of whose jurisdiction

the land or any part thereof is situated. Thereupon, the District Judge

has to determine the compensation, after taking into account the CRP NO. 270 OF 2020 and connected cases

factors mentioned in Sub Section 3 of Section 10.

3.Section 10(4) makes it clear that in addition to the

compensation for damages, a claimant would be entitled for 10%

market value of the land over which the pipeline is laid. Under

Section 10(5), market value of the land, as on the date of notification,

has to be determined by the Competent Authority and the claimants

can approach the District Court, if dissatisfied with such

determination.

4.Indisputably, respondents herein had approached the District

Court before the Competent Authority had determined the 10%

market value of their land as mandated in Section10(5). In Deputy

Collector - Competent Authority, Gail (India) Ltd., Kochi v. Admad

Kutty and Another [2020 (6) KHC 99], rendered under similar

circumstances, this Court interfered with the order of the District

Judge enhancing compensation towards market value of land, as the

claimants had approached the District Judge, before determination

of the 10% market value by the Competent Authority. I am in CRP NO. 270 OF 2020 and connected cases

respectful agreement with the judgment. Hence, the impugned

orders, insofar as it awards enhanced compensation towards market

value of the land, is liable to be set aside.

5.It is pointed out that, under the impugned orders,

compensation towards damages determined by the Competent

Authority has also been enhanced. According to the learned Counsel

for the claimants, determination of compensation towards damages

and market value should be done simultaneously, since one may have

an impact on the other. I find substantial merit in the submission.

The provisions do not contemplate compartmentalized determination

of compensation towards damages and land value. As per Section

10(4), determination of compensation towards 10% market value of

land shall be in addition to compensation for damages, loss and

injuries, indicating the determination of compensation under the two

heads, damages and market value of land, to be a conjoint process.

Learned counsel for the Competent Authority submitted that

orders determining 10% of market value of land have been passed in CRP NO. 270 OF 2020 and connected cases

all cases. Therefore, if the claimants have any grievance regarding

the quantum of compensation, they are at liberty to approach the

District Court seeking enhanced compensation towards damages as

well as market value of land, if aggrieved by the compensation so

fixed. While determining the time taken for approaching the District

Court, the period during which the Civil Revision Petitions were

pending before this court, shall be excluded.

The Civil Revision Petitions are disposed of accordingly.

Sd/-

V.G ARUN JUDGE

SJ