Jagmala Ram vs Nachna-Hrrl Refinary Pachpadra
2022 Latest Caselaw 8134 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 8304/2022

Jagmala Ram

----Petitioner Versus Nachna-Hrrl Refinary Pachpadra

----Respondent

For Petitioner(s) : Mr. Navneet Singh Birkh through VC For Respondent(s) : Mr. Govind Suthar

HON'BLE MR. JUSTICE MADAN GOPAL VYAS(VACATION JUDGE)

Order

10/06/2022

1. Heard.

2. Mr. Navneet Singh Birkh, learned counsel for the petitioner

submits that the acquisition proceedings in question taken under

the Petroleum and Mineral Pipelines (Acquisition of Right of User

Inland) Act, 1962 for the purpose of laying down a water pipeline

of the respondent Corporation is fundamentally void and without

jurisdiction in view of the fact that the acquisition under the Act of

1962 can be made only for the purpose of laying down a pipeline

for the purpose of petroleum or any mineral and not for water.

3. Learned counsel for the petitioner further submits that

officers of the respondent authorities have obtained the thumb

impression and signatures of the petitioners & his family members

while keeping them in dark and while alluring them that the

supply of water connection to their home would be provided.

4. Mr. Govind Suthar, learned counsel having entered caveat on

behalf of the respondent submits that the impugned notifications

(2 of 2) [CW-8304/2022]

dated 21.05.2020, 10.11.2020 & 11.02.2021 have rightly been

issued after following the due process of law. In support of his

contentions, learned counsel for the respondent has relied upon

the judgment of Gujarat High Court delivered in the case of Jaru

Mayajar Devraj vs. Union of India decided on 22.03.2022 and

judgment of the Hon'ble Supreme Court delivered in the case of

Ichchapur Industrial Cooperative Society Ltd. vs. Competent

Authority, Oil & Natural Gas Commission and Ors. reported in

(1997) 2 SCC 42.

5. Matter requires consideration.

6. Mr. Govind Suthar, learned counsel having entered caveat on

behalf of the respondents prays time to file reply.

7. Service is complete.

8. List this case on 01.07.2022.

9. Meanwhile, the respondents are restrained from interfering

in petitioners' possession over the subject land and removing the

construction raised thereupon.

(MADAN GOPAL VYAS(VACATION JUDGE)),J 87-neha/-

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