Patna High Court
Sheikh Mahmood @ S. K. MahmoodversusThe Union Of India and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed, with the petitioner directed to approach the appropriate authority for compensation.
Summary
Sheikh Mahmood filed a writ petition seeking Rs.5 lakh compensation with interest for damage to his crops caused when Indian Oil Corporation (IOCL) dug his land to repair and double a petroleum pipeline passing through his property in Lakhisarai district. The petitioner alleged that despite a legal notice, IOCL did not compensate for the loss. IOCL contended that the petitioner had not made a proper representation as required by a prior Division Bench judgment in CWJC No.8424 of 2018. The Patna High Court observed that the petitioner's relief was limited to compensation for crop damage and that the appropriate remedy lay before the designated authority, not the High Court. Consequently, the Court directed the petitioner to file a proper petition with supporting documents before the concerned authority, allowing up to three months for disposal, and dismissed the writ petition.
Issues considered
- What entitlement, if any, does the petitioner have to compensation for crop damage caused by pipeline repair work?
- Whether the petitioner complied with the procedural requirement of making a proper representation as mandated by the Division Bench judgment in CWJC No.8424 of 2018.
Subjects
- compensation
- crop damage
- pipeline
- civil writ jurisdiction
- Indian Oil Corporation
- land acquisition
- procedural representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21977 of 2018
======================================================
Sheikh Mahmood @ S. K. Mahmood Son of Sheikh Rahim, Resident of
Village-Ghoshi Kundi, Police Station-Chanan, District-Lakhisarai
... ... Petitioner/s
Versus
1. The Union Of India.
2. The Competent Authority, Indian Oil Corporation Ltd. Barauni, Kanpur,
Pipeline, Barauni, P.O. and P
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Respondent/s : Mr. S.D Sanjay Addl. Soc. Gen.
For the IOCL : Mr. Uday Bhan Singh, Advocate
Ms. Kumari Shreya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 06-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) That an appropriate writ may be
issued commanding upon the respondent no. 2 to
pay the compensation amount of Rs. 5 Lacs along
with the interest thereon till the final payment to
the petitioner against damage and loss caused in
the land of the petitioner under which pipeline has
been laid and doubling by the Respondent no. 2 for
transportation of petroleum.
(ii) Any other relief / reliefs may be
Patna High Court CWJC No.21977 of 2018(5) dt.06-01-2026
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granted in favour of the petitioner for which found
entitled to.”
3. The matter relates to Haldia, Barauni Petroleum
Pipeline and the petitioner’s land under Lakhisarai district also
was in the line. Accordingly, he was noticed, payments
made/compensated.
4. The grievance before this Court is that to repair the
pipeline, the land was dug and in the process, the crops were
damaged. A legal notice was sent, not replied, aggrieved, the
present writ petition.
5. Learned counsel representing the Indian Oil
Corporation submits that there is nothing on record to show that
a proper representation has been made in line with the Division
Bench judgment in CWJC No. 8424 of 2018 (Prabhakar Kumar
vs. Union of India & Ors.).
6. In view of the limited prayer that the petitioner has
made regarding the compensation for damage of crops, with the
consent of parties, this Court deems it appropriate to allow the
petitioner to file a proper petition alongwith all the supporting
documents before the appropriate authority who shall be taking
up the matter and disposing it of preferably in three months
overlooking the delay in filing the petition as the petitioner was
Patna High Court CWJC No.21977 of 2018(5) dt.06-01-2026
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pursuing remedy before this Court for last seven years.
7. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Adnan/-
U
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