Indian high court dismisses litigation against gas pipeline

On Wednesday, the Punjab and Haryana high court declared that the laying of a planned gas pipeline in Punjab is a project of national importance, which cannot be cancelled and dismissed a public interest litigation (PIL) filed by a few villagers from Ludhiana district.

A division bench, headed by Chief Justice Sanjay Kishan Kaul, rejected the PIL against the proposed gas pipeline, which is to supply natural gas to fertilizer plants, power plants, various industries and transport sector.

High court ruling

The high court said, "Laying of gas pipeline involves temporary digging of land and after laying of the pipelines, the surface of the earth can be used by owner/occupier of the land. Thus, the expression 'development' or 'no person shall use' does not cover or contemplate the activity of laying pipelines beneath the surface."

Dismissing the PIL that had demanded a rerouting of the pipeline, the Chief Justice observed, "The planning pommission and ministry of petroleum and natural gas, in the larger public interest, felt [it] necessity to provide the natural gas to the entire country by establishing a gas pipeline grid. The network would ensure overall development of this region."

The petitioners' case

The petitioners, Mohal Lal Saggar and others having land in Duley village and Chubki, had challenged the notification issued in November 2010 and March, May, June, November 2011 under the Petroleum and Mineral Pipeline (Acquisition of Right of User of Land) Act 1962, to acquire land for laying a gas pipeline from Mathura refinery to a refinery at Bathinda for supplying natural gas.

The contention of the petitioners was that the pipeline is to pass through different villages such as Shankar, Ghawaddi, Bool, Kila Raipur, Asi Kalan and in the master plan these villages are depicted within the agricultural zone. The villages of the petitioners, Duley and Chubki, which were also under acquisition form part of a residential zone in the master plan of Ludhiana.

The grievance being expressed by the petitioners was that the proposed gas pipeline is being diverted illegally and unlawfully through the villages, which fall within the residential zone in the notified master plan.

The high court, however, found no merit in their case and dismissed the petition after finding not public interest involve in it and terming it as "private interest" litigation.

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