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Patna High Court

Pankaj PrasunversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner may file a fresh objection under the Pipelines Act and disposed the writ application without quashing the acquisition notice.

Summary

Petitioner Pankaj Prasun challenged a notice dated 18‑01‑2024 declaring acquisition of his land for a crude‑oil pipeline under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, alleging that the mandatory preliminary notice under Section 3(1) was never served. He filed a writ seeking quash of the Section 6(1) notice, contending that without the Section 3(1) notice he was denied the statutory right to object. The respondents argued that the notice was sent by registered post and, under Section 27 of the General Clauses Act, is deemed served. The court, noting the procedural lapse and the parties’ agreement, allowed the petitioner to file a fresh objection within two weeks and directed the competent authority to decide it within a month, maintaining the status‑quo on the land pending resolution. The writ application was therefore disposed without quashing the acquisition notice.

Issues considered

  • Was the notice under Section 3(1) of the Pipelines Act validly served on the petitioner?
  • Does the alleged non‑service of the Section 3(1) notice invalidate the final declaration of acquisition under Section 6(1)?
  • Is the petitioner entitled to a fresh opportunity to object to the acquisition?
  • Can the court order a status‑quo pending the filing and disposal of the fresh objection?

Legislation cited

Subjects

  • land acquisition
  • pipeline
  • notice service
  • right to object
  • procedural fairness
  • status quo
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1351 of 2025
                 ======================================================
                 Pankaj Prasun Son of Late Upendra Kumar Resident of Baniya Patti, P.S.- K.
                 Nagar, District- Purnea.

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Purnea.
           2.    The District Magistrate, Purnea.
           3.    The Numaligarh Refinery Limited, through Chairman NRL- Centre, 122A,
                 G.S. Road, Chritianbasti, Guwahati, Assam- 781005.
           4.    The Chairman NRL- Centre, 122A, G.S. Road, Chritianbasti, Guwahati,
                 Assam- 781005.
           5.    The Managing Director, NRL- Centre, 122A, G.S. Road, Chritianbasti,
                 Guwahati, Assam- 781005.
           6.    The Authorised Officer, Numaligarh Refinery Limited, Mahboob Khan Tola,
                 Near Kali Mandir, Purnea- 854301.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Fazle Karim
                 For the Respondent/state :      Mr. Vijaya Laxmi Pandit, Advocate
                 For the Respondent 3-6 :        Mr. Dhananjay Kashyap, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   19-02-2026           1. Heard the parties.

                         2. The petitioner has filed the present writ application for

                   quashing of notice issued by the respondent authority under

                   Section 6(1) of the Petroleum And Minerals Pipelines

                   (Acquisition Of Right Of User In Land ) Act, 1962                 (for short

                   “Pipelines Act”) dated 18.01.2024 whereby the land of the

                   petitioner pertaining to Mauza- Kajha, Thana No. 30, Khata No.

                   954 & 1037, Plot No. 5871 & 5872 has been declared for

                   acquisition.
Patna High Court CWJC No.1351 of 2025(5) dt.19-02-2026
                                            2/4




               3. The process of acquisition for right of user was started

          by the respondent no. 3 to 6 under the Pipelines Act for laying

          pipeline for transportation of crude oil from Paradip (Odisha) to

          Numaligarh (Assam). The pipeline is proposed to be passing

          through the land of the petitioner situated at Mauza – Kajha,

          Thana No. 30, Khata No. 954 & 1037, Plot No. 5871 & 5872. A

          gazette notification for right to user of the aforesaid land was

          published by the respondent authority on 26.10.2021 and notice

          under Section 3(1) of the Pipelines Act was issued to the

          petitioner inviting objection on 15.03.2022.

               4. The contention of the petitioner is that notice under

          Section 3(1) of the Pipelines Act was not served upon him,

          however, notice of final declaration of acquisition of right of

          user dated 18.01.2024 was served upon the petitioner then only

          the petitioner came to know about acquisition of his piece of

          land for laying down pipeline by the respondents. Final notice

          under Section 6(1) of the Pipelines Act was served upon the

          petitioner on 16.08.2024. After receipt of the notice, the

          petitioner submitted objection before the respondent no. 6 on

          21.08.2024 taking objection therein that petitioner has not been

          served a notice under Section 3(1) of the Pipelines Act which

          was mandatory statutory requirement under the Pipelines Act.
Patna High Court CWJC No.1351 of 2025(5) dt.19-02-2026
                                            3/4




          Apart from the same the petitioner also took objection regarding

          alignment of acquisition and further availability of alternative

          land through which the pipeline can pass through. The objection

          of the petitioner has been rejected on 30.08.2024 by the

          respondent authority on the ground that objection has been filed

          after expiry of twenty one days.

               5. The specific contention of the petitioner is that prior to

          issuance of notice under Section 6(1) of the Pipelines Act,

          Section 3(1) notice was not served. Petitioner submitted

          application under right to information Act seeking a copy of

          notice under Section 3(1) of the Pipelines Act which was

          supplied to the petitioner under R.T.I. on 15.10.2024.

          Accordingly, submission is that prior to issuance of final

          declaration under Section 6(1) of the Pipelines Act            no

          opportunity was given to the petitioner to submit his objection

          under Section 3(1) of the Pipelines Act.

               6. Learned counsel for respondent no. 3 to 6 submits that

          notice was served upon the petitioner and was also sent through

          registered / speed post. There is presumption under Section 27

          of the General Clauses Act that if notice has been sent on the

          previously known address of the petitioner it will be deemed to

          have been served, however, in the interest of justice the
           Patna High Court CWJC No.1351 of 2025(5) dt.19-02-2026
                                                       4/4




                     authority will allow the petitioner to submit a fresh objection

                     before it which will be decided on merit as per law.

                          7. Considering the rival submission of the parties, taking

                     into consideration the nature of dispute and the fact that both the

                     parties have agreed that the authority may consider and decide

                     the objection filed by the petitioner afresh, accordingly, the

                     present writ application is disposed with liberty to the petitioner

                     to file his objection before the competent authority under the

                     Pipelines Act within two weeks. If such an objection is filed, the

                     competent authority shall be obliged to dispose the same within

                     a period of one month from the date of filing of objection in

                     accordance with law after giving opportunity of hearing to the

                     petitioner.

                          8. It is made clear that till disposal of objection filed by the

                     petitioner, status quo existing as of today pertaining to the land

                     of the petitioner shall be maintained by the parties.



                                              (Anil Kumar Sinha, J)
praful/-

U


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